Metro Transit Pvt. Ltd. v. Government Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (T) (COMM.) 48/2017 METRO TRANSIT PVT. LTD.

..... Petitioner Through:

Mr Sushil Dutt Salwan with Mr Aditya Garg and Ms Himani Kaushik, Advocates.

versus GOVERNMENT OF NCT OF DELHI ..... Respondent Through:

Mr Peeyoosh Kalra, ASC with Mr Shiva Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 30.05.2017 IA No.6876/2017 1.

Allowed, subject to all just exceptions.

O.M.P. (T) (COMM.) 48/2017 2.

This Court, by an order dated 11.05.2017 (passed in ARB.P. 229/2007), had appointed Justice R. C. Chopra (Retd.) as a Sole Arbitrator to adjudicate the disputes between the parties. However, Justice Chopra has expressed his inability to complete the arbitral proceedings within a period of one year.

3.

The learned counsel for the parties pray that Justice Kailash Gambhir (Retired), a former Judge of this Court be appointed as an arbitrator as he has already been appointed an arbitrator in two other connected matters (i.e. OMP(T)(COMM.) 46/2017 and 47/2017) and the parties have been directed

to appear before the arbitrator on 12.07.2017. Accordingly, Justice Kailash Gambhir (Retired) is appointed 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 in eligible under Section 12(5) of the Act.

The parties are directed to appear before the Arbitrator on 12.07.2017 at 4:00 PM.

4.

The petition is disposed of.

VIBHU BAKHRU, J MAY 30, 2017 MK