M/S Axalta Coating Systems India Private Limited v. M/S Oberoi Cars Pvt. Ltd.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 556/2016 AXALTA COATING SYSTEMS INDIA PRIVATE LIMITED ..... Petitioner Through:

Mr. Rajeev Lochan Mahunta, Mr. Aditya N.

Prasad & Mr. Sahil Vali, Advocates.

versus OBEROI CARS PVT. LTD.

..... Respondent Through:

Proceeded ex parte today.

CORAM: JUSTICE S. MURALIDHAR

O R D E R

% 23.03.2017

1. The affidavit of service has been perused. Despite service, none has appeared on behalf of the Respondent. The Respondent is, accordingly, proceeded ex parte.

2. The existence of the arbitration clause and its invocation by the Petitioner by issuing a legal demand notice dated 3rd June, 2016 is not controverted.

3. The Court, accordingly, directs that a Sole Arbitrator be appointed to adjudicate the disputes between the parties including their claims and counter-claims. The arbitration will take place under the aegis of the Delhi International Arbitration Centre („DAC‟). The fees of the Arbitrator will be in terms of the DAC (Arbitrators Fees) Rules.

4. The representative of the Petitioner will appear before the Additional Coordinator, DAC on 17th April, 2017 at 11:00 a.m. for further steps in this regard.

5. A copy of this order be sent to the Additional Coordinator, DAC, forthwith. The petition is disposed of in the above terms. S. MURALIDHAR, J.

MARCH 23, 2017 b'nesh