Archana Goel v. Urban Improvement Co. Pvt Ltd

$~OS-31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (T) (COMM.) 39/2017 ARCHANA GOEL ..... Petitioner Through Mr.Sandeep Khurana, Adv.

versus URBAN IMPROVEMENT CO. PVT LTD ..... Respondent Through Ms.Ruchi Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 19.05.2017 I.A. No. 6197/2017 (exemption) Allowed subject to all just exceptions.

O.M.P. (T) (COMM.) 39/2017 This petition is filed under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 seeking appointment of a new arbitrator. The parties entered into an agreement for allotment of plot on 12.09.2011. As disputes arose between the parties, a petition was filed by the petitioner being Arbitration Petition No. 119/2012. On 26.04.2012, this court had appointed Mr.Justice Mohd. Shamim (Retd.) as the sole Arbitrator to enter into a reference and adjudicate upon the disputes. Unfortunately, the learned Arbitrator has expired on 26.08.2016. It is in these facts and circumstances, the present petition has been filed. Keeping in view the circumstances of the case, Mr. Justice M.L.

Mehta (Retd.) (Mobile No.: 09910384620) is now appointed as the Arbitrator. Learned Arbitrator will fix his fees in consultation with the learned counsel for the parties. He will proceed from the stage at which the arbitration proceedings were pending before Late Justice Mohd. Shamim. A request be sent to the residence of Late Justice Mohd. Shamim to locate the arbitral record and have the same transferred to the new Arbitrator. In case any assistance is required in this regard, learned counsel for the petitioner may provide the necessary assistance. Parties to appear before the learned Arbitrator on 14.07.2017 at 4.00 P.M.

A copy of this order be sent by the Registry without filing of process fee to the residence of Late Justice Mohd. Shamim. The petition stands disposed of.

JAYANT NATH, J MAY 19, 2017 rb