High Court of DelhiARB.P./644/2016

Preeti Thukral & ANR. v. Purearth Infrastructure Pvt. Ltd. & ANR.

2017-01-30Hon'Ble Dr. Justice S.Muralidhar2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 644/2016 PREETI THUKRAL & ANR ..... Petitioners Through: Mr. Anil K. Kher, Senior Advocate with Ms. Harsha and Mr. P.K. Mittal, Advocates.

versus PUREARTH INFRASTRUCTURE PVT. LTD ..... Respondent Through: Ms. Neha Jain with Mr. Ankit Sharma, Advocates.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 30.01.2017

1. It appears that the Petitioners were not inclined to take possession and the Respondent was not inclined to offer compensation in lieu thereof.

2. Learned counsel for both the parties are agreeable to the Court appointing a sole Arbitrator for adjudication of disputes between them.

3. This Court accordingly proposes that Mr. Rajesh Kumar, a former Additional District Judge (Mobile No. 9868215299) be the sole Arbitrator to adjudicate the disputes between the parties including claims and counterclaims. 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. The learned Arbitrator shall fix his own terms and communicate them to the parties.

4. The parties are directed to appear before Mr. Rajesh Kumar on 21st February, 2017 at 4 pm or such changed time and/or date that Mr. Rajesh Kumar 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 Mr. Rajesh Kumar and the Respondent at least one week prior to the date fixed. The expenses for the hearing shall be equally shared by the parties.

5. The petition is disposed of in the above terms. Order be given dasti. A certified copy of this order be delivered to Mr. Rajesh Kumar forthwith. S.MURALIDHAR, J JANUARY 30, 2017 Rm