Rpu Infratel Pvt Ltd v. M/S Lanco Kanpur Highways Ltd

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 11.

+ ARB.P. 668/2016 RPU INFRATEL PVT LTD ..... Petitioner Through: Dr. Rajeev Sharma, Advocate.

versus M/S LANCO KANPUR HIGHWAYS LTD ..... Respondent Through: Mr. Dhruv Madan, Advocate.

CORAM: JUSTICE S. MURALIDHAR

O R D E R

% 18.01.2017

1. Counsel for the Petitioner, at the outset states that the Petitioner's share of the fee of the Conciliator will be paid within four weeks.

2. Counsel for the Respondent states that he has no objection to the appointment of an Arbitrator for adjudication of the disputes between the parties.

3. The Court proposes that Justice K.S.P. Radhakrishnan, a former Judge of the Supreme Court (Mobile No. 9560013636) be the sole Arbitrator to adjudicate the disputes between the parties including their claims and counter-claims.

4. In the first instance, the learned Arbitrator will make a disclosure in terms of Section 11 (8) read with Section 12 (1) of the Act and, thereafter, enter upon reference. In the event the disclosure is not made within a reasonable time or such disclosure discloses the inability of the learned Arbitrator to act

as such, it will be open to the parties to apply to this Court for directions.

5. Subject to compliance of the above, the parties are directed to appear before the learned Arbitrator on 28th February 2017 at 4 pm or such changed time and/or date that the proposed Arbitrator finds convenient which will be communicated to the parties at least ten days in advance. The venue for the first hearing will be arranged by the Petitioner and communicated to the proposed Arbitrator and the Respondent at least one week prior to the date fixed. The expenses for the hearing shall be equally shared by the parties.

6. The petition is disposed of in the above terms. A certified copy of this order be delivered to Justice K.S.P. Radhakrishnan forthwith. S.MURALIDHAR, J JANUARY 18, 2017 mg