Ahaar Consumer Products (P) Ltd v. Union Of India & ORS.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 58/2016 AHAAR CONSUMER PRODUCTS (P) LTD ..... Petitioner Through:

Mr.Peeyosh Kalra, Ms.Sona Babbar and Ms.Swati, Advs.

versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr.Dev P. Bhardwaj, CGSC with Col.Parag Bhargav

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 14.11.2017 This petition has been filed by the petitioner Ahaar Consumer Products (P) Ltd seeking termination of the mandate of the respondent No.3 as a Sole Arbitrator and appointment of a substitute Arbitrator. Learned counsel for the respondents, on instruction, submits that they have no objection to the termination of the mandate of respondent No.3 as a Sole Arbitrator. He submits that parties be given an opportunity to mutually decide on a substitute Arbitrator. On the other hand, learned counsel for the petitioner submits that such mutual settlement may not be possible and may only result in delay in adjudication of the disputes. Keeping in view the totality of the circumstances and the submissions made, I terminate the mandate of the respondent No.3 as a Sole Arbitrator for adjudication of the disputes and direct the parties to appear before the Delhi International Arbitration Centre (DAC) who may appoint a Sole

Arbitrator to adjudicate the disputes between the parties with respect to the supply of branded wheat atta, whole meals etc during the Financial Year 2011-12 and 2012-13. The arbitration and the fee shall be governed by the Rules of the DAC.

The parties to appear before DAC on 11th December, 2017 at 2:00 PM.

With the above directions, the petition is disposed of. NAVIN CHAWLA, J NOVEMBER 14, 2017/vp