M/S Gee International Through Prop Gian Chand Singla v. Dsiidc Through Chief Engineer - Iii Education & ANR.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB P. 388/2016 M/S GEE INTERNATIONAL THROUGH PROP GIAN CHAND SINGLA ..... Petitioner Through: Mr. Sanjay Bansal, Advocate.

versus DSIIDC THROUGH CHIEF ENGINEER - III EDUCATION & ANR.

..... Respondent Through: Mr. Arun Monga, Mr. Kudrat Sandhu Advocates.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 20.10.2016

1. Having heard learned counsel for the parties, the Court is of the view that since for the purposes of Section 11 (6 A) of the Arbitration and Conciliation Act 1996 ('Act') the existence of an arbitration agreement is not disputed, the disputes can be referred to a sole Arbitrator. Any objection that the Respondent has with regard to the legal tenability of the claim can be raised before the learned Arbitrator in accordance with law. It is agreed that the entire dispute can be decided on affidavits filed by both the parties without any need for cross-examination of any witnesses.

2. In that view of the matter, the Court proposes that Mr. Zoheb Hossain, Advocate (Mobile No 9650003560) be appointed as sole Arbitrator to adjudicate the disputes between the parties including claims and counterclaims. The fees is fixed at Rs. 70,000 which shall be shared equally by the Petitioner and the Respondent. This is apart from the expenses which

will again be shared equally by the parties. In the first instance the proposed Arbitrator will make a disclosure to the parties 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. The parties will appear before Mr. Hossain on 28th November 2016 at 4 pm or some other date and time convenient to him as may be intimated to the parties at least one week in advance at a venue to be arranged by the Petitioner, the expenses for which will be shared equally by the parties. The Petitioner should file its claims by the above date. The Arbitrator will proceed on the affidavits filed by the parties and render the Award within a period of four months from the date of the first hearing.

4. The petition is disposed of. A copy of this order be delivered to Mr Zoheb Hossain forthwith.

S.MURALIDHAR, J OCTOBER 20, 2016 mg