Moolgate Industries India Private Limited v. Jindal Stainless Limited

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 24 & 25 + O.M.P.(I) (COMM.) 288/2016 MOORGATE INDUSTRIES INDIA PRIVATE LIMITED ..... Petitioner Through: Mr. Lokesh Bhola, Mr. Sanchit, Mr.

Vinayak Kapur, Advocates.

versus JINDAL STAINLESS LIMITED ..... Respondent Through: Mr. Abhimanyu Bhandari, Mr. Chetan Lokur, Mr. Nattasha Garg, Advocates.

And + O.M.P.(I) (COMM.) 333/2016 JINDAL STAINLESS LIMITED ..... Petitioner Through: Mr. Abhimanyu Bhandari, Mr. Chetan Lokur, Mr. Nattasha Garg, Advocates.

versus MOORGATE INDUSTRIES INDIA PVT. LTD ..... Respondent Through: Mr. Lokesh Bhola, Mr. Sanchit, Mr.

Vinayak Kapur, Advocates.

CORAM: JUSTICE S. MURALIDHAR

O R D E R

% 16.11.2016

1. Both the parties have agreed that this Court may appoint a sole Arbitrator notwithstanding that the arbitration clause in the agreement envisages a three-member arbitral tribunal.

OMP(I)(Comm) 288/2016, 333/2016 Page 1 of 3

2. The Court, accordingly, proposes Mr. Justice Manmohan Sarin, a former Chief Justice J&K High Court (Mobile No. 9818000210) as the sole Arbitrator to adjudicate the disputes between the parties including their claims and counter-claims. 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. The proposed Arbitrator shall fix his own terms and communicate them to the parties.

3. Subject to compliance of the above, the parties are directed to appear before the proposed Arbitrator on 19th December, 2016 at 4 pm or such changed time and/or date that the proposed Arbitrator finds convenient which will be communicated to the parties at least ten days in advance. The venue for the first hearing will be arranged by the Petitioner and communicated to the proposed Arbitrator and the Respondent at least one week prior to the date fixed. The expenses for the hearing shall be equally shared by the parties.

4. If an application is filed by either party under Section 17 of the Act for interim reliefs, not later than a period of four weeks from today, the proposed Arbitrator will endeavour to dispose it off within a further period of three months.

5. The petition is disposed of in the above terms. A certified copy of this OMP(I)(Comm) 288/2016, 333/2016 Page 2 of 3

order be delivered to the Mr. Justice Manmohan Sarin forthwith. S. MURALIDHAR, J NOVEMBER 16, 2016 mg OMP(I)(Comm) 288/2016, 333/2016 Page 3 of 3