Mahesh Prefab Pvt. Ltd. v. Ahuja Builders

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 481/2016 MAHESH PREFAB PVT. LTD.

..... Petitioner Through:

Mr. Hemant Kaushik, Advocate.

versus AHUJA BUILDERS ..... Respondent Through:

None.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 26.10.2016

1. The Respondent has been served but none appears on its behalf. The Respondent is set ex parte.

2. The averment in the petition to the effect that there is an arbitration clause in the agreement between the parties remains uncontroverted.

3. The Court, accordingly, proposes that Ms. Shomona Khanna, Advocate (Mobile No. 9873665288) be appointed as the Sole Arbitrator to enter upon reference and adjudicate the disputes between the parties. The arbitration shall be conducted under the aegis of the Delhi International Arbitration Centre (DAC). The fees of the learned Arbitrator will be in terms of the Delhi High Court Arbitration Centre (Arbitrators' Fees) Rules.

4. In the first instance, the proposed Arbitrator will make a disclosure to the DAC in terms of Section 11 (8) read with Section 12 (1) of the Act and, ARB.P. 481/2016

thereafter, enter upon reference. DAC will provide to the parties copies of the said disclosure. 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.

5. Subject to compliance with the above direction, Ms. Shomona Khanna will enter upon reference as Arbitrator and proceed with the arbitration by ensuring service of notice upon the Respondent.

6. The petition is disposed of in the above terms. A copy of this order be delivered forthwith to Ms. Shomona Khanna as well as Additional Coordinator, DAC.

OCTOBER 26, 2016 S. MURALIDHAR, J.

b'nesh ARB.P. 481/2016