Sai Construction And Builders v. Zillion Infra Projects Pvt Ltd

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 566/2018 SAI CONSTRUCTION AND BUILDERS ..... Petitioner Through:

Mr.Neeraj Kr. Singh & Mr.Rajat Srivastava, Advs.

versus ZILLION INFRA PROJECTS PVT LTD ..... Respondent Through:

Mr.Govind Rishi, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 18.09.2018 This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the „Act‟) has been filed by the petitioner seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Post Tender Agreement dated 26.09.2015 executed between the parties. The said Agreement contains an Arbitration Agreement in form of Clause 42 thereof. Disputes having arisen between the parties, the respondent served a notice dated 09.07.2018 on the petitioner invoking the Arbitration Agreement. The respondent also proposed the name of the Arbitrator in the said notice. As the same was not agreeable to the petitioner, the petitioner filed the present petition.

Learned counsel for the respondent submits that the respondent has no objection if an Arbitrator is appointed for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreement. In view of the above, I appoint Justice Amitava Roy, former judge of

the Supreme Court (R/o A-96, Second Floor, Defence Colony, New Delhi110024, Mobile: 9667300346 & 8527087678) as an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreement. The Arbitrator shall give a disclosure under Section 12 of the Act before proceeding with the reference. The petition is allowed in the above terms, with no order as to cost. NAVIN CHAWLA, J SEPTEMBER 18, 2018/rv