High Court of DelhiARB.P./721/2016

Hindustan Construction Company Ltd. v. Indian Strategic Petroleum Reserves Limited

2017-03-06Hon'Ble Dr. Justice S.Muralidhar2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 721/2016 HINDUSTAN CONSTRUCTION COMPANY LTD ..... Petitioner Through: Mr. Rishi Agrawala with Ms. Malavika Lal, Advocates.

versus INDIAN STRATEGIC PETROLEUM RESERVES LIMITED ..... Respondent Through: Mr. Naveen Kumar Raheja, Advocate.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 06.03.2017

1. This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 („Act‟) seeking the appointment of an Arbitrator for adjudication of disputes between the parties.

2. Learned counsel for the Respondent states that there is no objection to the Court appointing a sole Arbitrator for adjudication of disputes between the parties.

3. Accordingly, the Court proposes Justice Anil R. Dave, a former Judge of the Supreme Court (Mobile No. 9560309393) as the sole Arbitrator to adjudicate the disputes between the parties including their claims and counter-claims. In the first instance, the proposed Arbitrator will make a Arb.P. 721/2016

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 it discloses the inability of the proposed Arbitrator to act as such, it will be open to the parties to apply to this Court for directions. The proposed Arbitrator shall fix his own terms and communicate them to the parties.

4. The parties are directed to appear before the proposed Arbitrator on 17th April, 2017 at 4:00 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.

5. The petition is disposed of in the above terms. A certified copy of this order be delivered to the proposed Arbitrator forthwith. S.MURALIDHAR, J MARCH 06, 2017 Rm Arb.P. 721/2016