Black Forest Properties Pvt. Ltd v. Unitech Ltd

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 350/2016 BLACK FOREST PROPERTIES PVT. LTD ..... Petitioner Through: Mr. Ankit Jain, Advocate.

versus UNITECH LTD ..... Respondent Through: Mr. Mohinder J.S. Ruppal with Ms. Simran Jeet, Advocates.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 08.11.2016

1. Learned counsel for the Respondent states, on instructions, that the Respondent is agreeable to the appointment of an independent Arbitrator by the Court.

2. The Court, accordingly, proposes Mr. A.B. Dial, Senior Advocate (Mobile No. 9818852002) as a sole Arbitrator to adjudicate the disputes between the parties including claims and counter-claims. The learned Arbitrator shall fix his own terms and fees. In the first instance, the proposed Arbitrator will make a disclosure in terms of Section 11 (8) read with Section 12 (1) of the Act and, thereafter, enter upon reference. In the event the disclosure is not made within a reasonable time or such disclosure discloses the inability of the proposed Arbitrator to act as such, it will be open to the parties to apply to this Court for directions.

3. Subject to the compliance with the above direction, the parties shall appear before the proposed Arbitrator on 12th December 2016 at 4 pm or on some other day and time of mutual convenience as will be communicated by him to the parties at least one week in advance. The venue for the first hearing will be arranged by the Petitioner and communicated to the proposed Arbitrator and the Respondent one week in advance. The expenses thereof shall be borne by both the parties equally.

4. The petition is disposed of. A copy of this order be delivered forthwith to the learned Arbitrator. Order be given dasti. S.MURALIDHAR, J NOVEMBER 08, 2016 Rm