Rajotiya Construction Pvt Ltd v. Mbr Astha Bhagwati Educationaltrust

$~OS-28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (T) (COMM.) 33/2017 RAJOTIYA CONSTRUCTION PVT LTD ..... Petitioner Through Ms.Kavita Batra Sharma and Mr.Rohit Dawal, Advs. with parties Rajotiya-inperson. versus MBR ASTHA BHAGWATI EDUCATIONALTRUST ..... Respondent Through Mr. Kawal Nain, Adv. with Mr.P.P.Jain for MBR Trust.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 25.04.2017 By the present petition filed under Section 15 of the Arbitration and Conciliation Act, 1996, it is submitted that the parties have settled their disputes by a settlement deed dated 28.01.2017 and hence, the mandate of the sole Arbitration, namely, Sh. Pradeep Kumar Jain may be terminated. The petitioner had filed a petition under Section 11 of the Act for appointment of an arbitrator. By order dated 10.05.2011 passed by this court, the Chairman of the respondent Trust was authorised to make appointment of an arbitrator. The Chairman had appointed Sh. Pradeep Kumar Jain as the sole Arbitrator.

It is the submission of the petitioner that despite best efforts, no contact could be established with the said learned Arbitrator. However, as stated above, the parties have settled their disputes with the help of common friends. A deed of settlement has been executed on 28.01.2017. Copy of the same is placed on record. In view of the above averments, the petition is allowed. The mandate of the sole Arbitrator-Sh. Pradeep Kumar Jain is terminated. The settlement deed is taken on record. The parties to remain bound by the same.

JAYANT NATH, J APRIL 25, 2017 rb