High Court of DelhiO.M.P.(T)/14/2015

Hindustan Construction Company Ltd. v. Ircon International Limited

2016-10-06Hon'Ble Dr. Justice S.Muralidhar2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 63-64 + O.M.P.(T) 14/2015 & IA 12599/2015 HINDUSTAN CONSTRUCTION COMPANY LTD...... Petitioner Through: Mr. Ananya Kumar, Advocate.

versus IRCON INTERNATIONAL LIMITED ..... Respondent Through: Mr. Dinesh Agnani, Senior Advocate with Mr. S.K. Jain, Ms. Khushboo Bhardwaj Ms. Ritika Wadhwa, Advocates.

And + O.M.P.(T) 15/2015 & IA 12600/2015 HINDUSTAN CONSTRUTION COMPANY LTD...... Petitioner Through: Mr. Ananya Kumar, Advocate.

versus IRCON INTERNATIONAL LIMITED.

..... Respondent Through: Mr. Dinesh Agnani, Senior Advocate with Mr. S.K. Jain, Ms. Khushboo Bhardwaj Ms. Ritika Wadhwa, Advocates.

CORAM: JUSTICE S. MURALIDHAR

O R D E R

% 06.10.2016

1. It is stated that the Arbitrator who was acting as such resigned on 2nd September, 2015 as recorded in the order dated 15th October, 2015 and, therefore, these two petitions do not survive. O.M.P.(T) 14/2015 & 15/2015

2. The Respondent has vide its letter dated 12th August, 2016 proposed the names of five persons. Counsel for the Petitioner on instructions states that the Petitioner is agreeable to one of those names i.e., of Mr. J.C. Shah, Former MD, GSRDC and Ex. Additional Secretary-RNB, Government of Gujarat, acting as the sole Arbitrator. Accordingly Mr. J.C. Shah is appointed as Arbitrator to adjudicate the disputes between the parties, including their claims and counter-claims. He will fix his terms and communicate them to the parties. The fees will be shared in equal halves by the parties.

3. The parties will appear before the learned Arbitrator on 28th November, 2016 at 4.30 pm for the purposes of fixing the schedule or any other convenient date or time as the Arbitrator may fix. It will be open to the parties to make a request to the Arbitrator to expedite the proceedings. The venue for the hearing will be arranged by the Respondent and intimated at least one week prior to the hearing.

4. The petitions and the applications are disposed of in the above terms. S. MURALIDHAR, J OCTOBER 06, 2016 mg O.M.P.(T) 14/2015 & 15/2015