Richard Caswell v. Akshay Madhavan

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 432/2016 RICHARD CASWELL ..... Petitioner Through : Petitioner in person.

versus AKSHAY MADHAVAN ..... Respondent Through :

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.11.2016 IA No.13687/2016 Allowed, subject to all just exceptions.

The application is disposed of.

O.M.P.(I) (COMM.) 432/2016 This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, inter alia, praying several reliefs. Essentially, the disputes between the parties stem from the agreement dated 21.07.2015. The said agreement includes an arbitration clause in terms of which the parties have agreed to resolve their disputes amicably failing which to refer it to a sole arbitrator. Most of the prayers made by the petitioner are in the nature of final reliefs, which would have to be considered by the Arbitrator as and when appointed. In the circumstances, the petition is disposed of with liberty to the petitioner to file an appropriate application for appointing an arbitrator. The petitioner would also be at liberty to approach the arbitrator for such interim reliefs as may be advised and nothing stated in this order would preclude the

petitioner from claiming any relief before the Arbitral Tribunal including the relief claimed in the present petition.

The petitioner may approach Delhi High Court Legal Services Committee (DHCLSC) for legal aid. DHCLSC would depute an experienced Advocate for assisting the petitioner to file the application under Section 11 of the Arbitration and Conciliation Act, 1996. Order dasti.

VIBHU BAKHRU, J NOVEMBER 07, 2016 RK