Avinash Em Projects Pvt. Ltd v. Gail (India) Limited

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 761/2016 AVINASH EM PROJECTS PVT LTD ..... Petitioner Through: Mr. Adarsh Tripathi with Mr. Abhay Gupta, Advocates.

versus GAIL (INDIA) LIMITED ..... Respondent Through: Mr. Sanjeev Sagar with Ms. Jasvin Dhaka, Advocates.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 30.01.2017

1. Learned counsel for the Parties are agreeable to the Court appointing an Arbitrator for adjudication of the disputes between the parties.

2. This Court, accordingly, proposes Mr. Justice Sunil Ambwani, a former Chief Justice of Rajasthan High Court (Mobile No. 09415238954), residing at E-190 (GF), Kalkaji, New Delhi - 110019 as a sole Arbitrator to adjudicate the disputes between the parties including claims and counterclaims. In the first instance, the learned proposed 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. Justice Ambwani shall fix his own terms and communicate them to the parties.

3. The parties are directed to appear before Mr. Justice Sunil Ambwani on 27th February, 2017 at 4 pm or such changed time and/or date that he 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. Justice Sunil Ambwani and the Respondent at least one week prior to the date fixed. The expenses for the hearing shall be equally shared by the parties.

4. The petition is disposed of in the above terms. Order be given dasti. A certified copy of this order be delivered to Mr. Justice Sunil Ambwani forthwith.

S.MURALIDHAR, J JANUARY 30, 2017 Rm