Vardhman Infra v. U. H. Realcon Pvt. Ltd.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 609/2018 VARDHMAN INFRA ..... Petitioner Through: Mr.Bhupesh Narula, Ms.Rinku Dhingra, Mr.Abhiti Vachher, Advs.

versus U. H. REALCON PVT. LTD.

..... Respondent Through: Mr.Sunil Kumar Hansraj, Mr.Ramit Rana, Ms.Anjali, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 02.11.2018 1.

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 Work Order dated 22.01.2016 issued by the respondent in favour of the petitioner. The said Work Order contains an Arbitration Agreement between the parties in form of Clause 12 thereof.

2.

Disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement vide its notice dated 15.12.2017. The respondent appointed a Sole Arbitrator for adjudicating such disputes on 16.01.2018. On challenge being made by the petitioner, the Arbitrator recused himself on 23.05.2018 and as the substitute Arbitrator was not appointed by the respondent, the present petition was filed.

3.

Counsel for the respondent submits that the respondent has no objection if an Arbitrator is appointed by this Court for adjudicating the

disputes that have arisen between the parties in relation to the abovementioned Agreement.

4.

I appoint Mr.Rakesh Kumar Dudeja, Standing Counsel, SDMC, Chamber No.398, Lawyers‟ Chamber, Block-II, Delhi High Court, Mobile9810147798 as the Sole Arbitrator for adjudicating the disputes that have arisen between the parties.

5.

The Arbitrator shall give disclosure under Section 12 of the Act before proceeding with the reference.

6.

The petition is allowed in the above terms with no order as to costs. NAVIN CHAWLA, J NOVEMBER 02, 2018 RN