Airworth Travels And Tours Pvt. Ltd. v. Interglobe Technology Quotient Pvt. Ltd.
$~41 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 383/2017 AIRWORTH TRAVELS AND TOURS PVT.
LTD.
..... Petitioner Through:
Mr Saket Sikri and Mr Vikalp Mudgal, Advocates.
versus INTERGLOBE TECHNOLOGY QUOTIENT PVT. LTD.
..... Respondent Through:
Mr Ashish Dholakia, Mr D. Kishore Kumar, Mr Gautam Bajaj and Mr Rohan Chawla, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 16.03.2018 1.
The above captioned petition was filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying that a Sole Arbitrator be appointed to adjudicate the disputes that have arisen between the parties in connection with the agreements dated 01.10.2009 and 01.03.2010.
2.
This petition was allowed by an order dated 21.02.2018 and a Sole Arbitrator was appointed to adjudicate the disputes that had arisen between the parties.
3.
The matter has been placed before this Court pursuant to a letter written by the Arbitrator appointed by this Court expressing his inability to act as such.
4.
In view of the above, the arbitrator has to be appointed by this Court. Accordingly, this Court appoints Justice B. D. Ahmed (Retired), former Chief Justice of Jammu and Kashmir High Court, to act as a Sole Arbitrator to adjudicate the disputes between the parties. This is subject to the Arbitrator making the necessary disclosure under Section 12 of the Act and not being ineligible under Section 12(5) of the Act. 5.
The Arbitrator shall fix his fee in consultation with the learned counsel for the parties and having regard to Schedule IV of the Act. 6.
Subject to the above, the arbitration shall be conducted under the aegis of Delhi International Arbitration Centre (DIAC) and in accordance with its Rules.
7.
The order dated 21.02.2018 is modified to the aforesaid extent. 8.
The parties are at liberty to approach the Coordinator, DIAC for further proceedings.
VIBHU BAKHRU, J MARCH 16, 2018 MK