Rakesh Sharma v. Netambit Infosource & E- Services Pvt Ltd & ORS.
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 725/2018 RAKESH SHARMA ..... Petitioner Through Mr.Sukrant Vashisht, Adv.
versus NETAMBIT INFOSOURCE & E- SERVICES PVT LTD & ORS. ..... Respondents Through Mr.Sandeep Kumar, Adv.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 27.09.2018 I.A. No.13256-57/2018 (Exemption) Allowed, subject to all just exceptions.
ARB.P. 725/2018 Learned counsel for the petitioner seeks leave to delete the respondent nos.2 and 3 from the array of the parties. The respondent nos.2 and 3 are accordingly deleted from the array of the parties. The petitioner shall file the Amended Memo of Parties within two days from today. This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner seeking appointment of a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Lease Agreements dated 26.08.2016 and 26.10.2016. The disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement contained in Clause 14 of the Lease Agreements vide notice dated 07.08.2018 and also proposed the
name of the Arbitrator.
The respondent vide its letter dated 21.08.2018, while not denying the existence of the Arbitration Agreement(s), did not give its consent for the proposed Arbitrator. The petitioner has therefore, filed the present petition. Learned counsel for the respondent, who appeared on advance notice, submits that the respondent has no objection if a Sole Arbitrator is appointed for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreements.
With the consent of the parties, the parties are referred to the Delhi International Arbitration Centre (DIAC) where they shall appear on 15.10.2018 at 2.00 p.m. The DIAC shall appoint a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreements. The arbitration and fee shall be governed by the DIAC Rules.
The petition is allowed with the above directions, with no order as to cost.
Dasti.
NAVIN CHAWLA, J SEPTEMBER 27, 2018/Arya