National Collateral Menagement Services Limited v. Food Corporation Of India & ANR.

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 384/2017 NATIONAL COLLATERAL MENAGEMENT SERVICES LIMITED ..... Petitioner Through:

Mr.Sudhanshu Sikka, Adv.

versus FOOD CORPORATION OF INDIA & ANR.

..... Respondent Through:

Mr.Om Prakash & Mr.Pradeep Kumar Tripathi, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 27.11.2017 I.A. No. 13954/2017 Issue Notice.

Notice is accepted by Mr.Om Prakash Advocate on behalf of the respondent.

This court vide its order dated 08.09.2017 passed in Arbitration Petition No. 384/2017, had appointed Hon'ble Mr. Justice K.K Lahoti (Retd.) as the Sole Arbitrator for adjudication of the disputes that have arisen between the parties in relation to the agreements dated 13.04.2007 and 04.01.2008. As Hon'ble Justice K.K Lahoti (Retd.) was not in a position to accept the appointment, Hon'ble Mr. Justice Sat Pal (Retd.) had been appointed as the Sole Arbitrator. Hon'ble Mr. Justice Sat Pal (Retd.) also expressed his inability to act as an arbitrator for adjudication of the disputes, necessitating the petitioner to file the present application seeking appointment of substitute arbitrator in his place.

It is proposed that Hon'ble Mr. Justice V.K Shali (Retd.) A-8, Pamposh Enclave, Greater Kailash-I, New Delhi-110048 be appointed as a Sole Arbitrator for adjudication of the disputes and accordingly in terms of Section 11(8) of the Arbitration and Conciliation Act, 1996 a request is made to him for filing disclosure in terms of Sub-Section 1 of Section 12 of the Act having due regard to the conditions mentioned in Sub-Section 8 of Section 11 of the Act.

A copy of the order is given dasti to the counsel for the petitioner who may serve it to the proposed arbitrator.

Relist on 14th December, 2017.

NAVIN CHAWLA, J NOVEMBER 27, 2017/rv