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High Court of DelhiO.M.P.(I) (COMM.)/296/2018

Instalaciones Inabensa, S.A. v. Power Grid Corporation Of India Limited & ORS.

2018-09-06Hon'Ble Mr. Justice Rajiv Shakdher2 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 296/2018 INSTALACIONES INABENSA, S.A.

..... Petitioner Through:

Mr. Darpan Wadhwa, Senior Advocate with Mr. Aniket Prasoon, Mr. Abhishek Kumar, Mr. Saraswat Mahapatra and Ms. Srishti Rai, Advs versus POWER GRID CORPORATION OF INDIA LIMITED & ORS.

..... Respondents Through:

Mr. Pranay Kishore Mishra with Mr.

Birendra Kumar Pandey, Advs for respondent no. 1 Mr. Pritpal Singh Nijjar, Adv for respondent no. 2

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 06.09.2018 1.

Mr. Pranay Kishore Mishra, who, appears for the respondent no. 1 says that he has returned with instructions to the effect, that the said respondent will have no objection, to this Court appointing a sole Arbitrator, without this being treated as a precedent in other cases except in O.M.P.(I) (COMM.) 295/2018 which is also listed on my board today.

2.

Mr. Wadhwa, who, appears on behalf of the petitioner submits likewise.

O.M.P.(I) (COMM.) 296/2018

3.

Learned counsel also submits that the captioned petition be placed before the learned Arbitrator who will treat the same as a petition under Section 17 of the Arbitration and Conciliation Act, 1996 (in short "1996 Act").

4.

Accordingly, the petition is disposed of with the following directions:- 4.1 Hon'ble Mr. Justice Badar Durrez Ahmed, Former Chief Justice, Jammu and Kashmir High Court (M: 9910615334) is appointed as the sole Arbitrator.

4.2 The fee and the rules applicable to the proceedings carried out by the DIAC will also be applicable to the instant proceedings. 4.3 The captioned petition will be placed before the learned Arbitrator who will treat the same as a petition filed under Section 17 of the 1996 Act.

4.4 Learned Arbitrator will pass appropriate orders in the matter after hearing both the sides.

5.

The registry will dispatch a copy of this order to learned Arbitrator as well as to the Coordinator, DIAC. RAJIV SHAKDHER, J SEPTEMBER 06, 2018 c O.M.P.(I) (COMM.) 296/2018