Shashi Tayal v. Carry Well Packaging Pvt Ltd Through Its Director Shri Rakesh Bansal

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 498/2016 SHASHI TAYAL ..... Petitioner Through: Mr Bakul Jain, Advocate.

versus CARRY WELL PACKAGING PVT. LTD.

..... Respondent Through: Mr. Shivesh P. Singh, Advocate.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 19.12.2016

1. Learned counsel for the parties state that the medication has failed. They request that this Court may appoint a sole Arbitrator to adjudicate the disputes between the parties.

2. Accordingly, this Court appoints Mr. Justice C.K. Mahajan, a former Judge of this Court as a sole Arbitrator (Mobile No. 9818000240) for adjudication of disputes between the parties including claims and counterclaims. The arbitration shall take place under the aegis of the Delhi International Arbitration Centre ('DAC').

3. In the first instance the learned Arbitrator will make a disclosure to the DAC in terms of Section 11 (8) read with Section 12 (1) of the Act and thereafter enter upon reference. DAC will provide to the parties copies of the Arb.P. 498/2016

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.

4. Subject to compliance with the above direction, Mr. Justice C.K. Mahajan will act as Arbitrator and enter upon reference. The fees of the learned Arbitrator will be in terms of the Delhi High Court Arbitration Centre (Arbitrators' Fees) Rules.

5. The petition is disposed of. A copy of this order be communicated to the learned Arbitrator as well as Additional Coordinator, DAC forthwith. S.MURALIDHAR, J DECEMBER 19, 2016 Rm Arb.P. 498/2016