M/S Tej Digital Network v. M/S Indivers Broadband(P) Ltd & ANR

Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

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IN THE HIGH COURT

OF DELHI AT NEW DELHI SB-1.

+ Rev. Pet. No. 72/2015 in Arb.P. No. 586/2014 M/S. TEJ DIGITAL NETWORK Petitioner Through: Mr. Yashish Chandra and Mr. Alok Shankar, Advocates.

versus INDIVERS BROADBAND (?) LTD. & ANR Respondents Through:

Mr.

Ajit Kakkar, Advocate for Respondent No.l/Review Petitioner in Rev.

Petition No.72/2015.

CORAM:

JUSTICE S. MURALIDHAR

ORDER

% 25.08.2015 Rev. Pet. No. 72/2015 in Arb.P. No. 586/2014

1. The only point urged by the Respondent/ Review Petitioner in this review petition is that both in terms of Clause 14.3 of the Agreement to Transfer Assets and Clause 9.3 of the original Business Appreciation Rights Agreement, both dated April 2013, there has to be a three member ArbitralTribunal('AT') with one member being appointedby each of the parties. This is not disputed by the counsel for the Petitioner.

2. In that view ofthe matter,the order dated 28^'' January2015 is modified Rev. Pet. No. 72of2015in Arb. P. No. 586of2014

as under:

(i) Justice S.N. Aggarwal, a former Judge of this Court, residing at Flat No. 302, Block 4, Ilnd Floor, 19 Rajpur Road, Delhi-110054 is appointed as the nominee Arbitrator of the Petitioner.

(ii) Justice M.L. Mehta, a former Judge of this Court, residing at H-34, Jangpura Extension, New Delhi-110014 is appointed as nominee Arbitrator of the Respondent.

(iii) Justice Manmohan Sarin, former Chief Justice of the High Court of Jammu & Kashmir, is appointed as the Presiding Arbitrator of the Arbitral Tribunal (AT) as constituted above.

(iv). The arbitration shall take place under the aegis of the Delhi International Arbitration Centre ('DAC').

The fees of the AT will be in terms of the Delhi International Arbitration Centre Arbitration Proceedings (Arbitrators' Fees) Rules.

3. The interim order is vacated. The review petition is disposed of in the above terms.

4. A copy of this order be delivered to the AT as well as Additional Rev. Pet No. 72 of2015 in Arb. P. No. 586 of2014

Coordinator, DAG forthwith.

AUGUST 25, 2015/dn S. MURALIDHAR, J Rev. Pet No. 72of2015 in Arb. P. No. 586of2014