Nkb Infrastructure Pvt. Ltd. v. The General Manager Northern Railway & ORS.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 297/2017 NKB INFRASTRUCTURE PVT. LTD.

..... Petitioner Through:

Mr.

Manjit Singh Ahluwalia, Advocate.

versus THE GENERAL MANAGER NORTHERN RAILWAY & ORS.

..... Respondents Through:

Mr. Chetan Wahi, Advocate for R-3.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 21.12.2018 1.

Mr. Ahluwalia has brought to my notice the order dated 13.08.2018, passed in Arbitration Petition No.434/2018 by a Coordinate Bench of this Court. A perusal of the said order would show that the Coordinate Bench has referred the parties to the Delhi International Arbitration Centre (DIAC). 2.

Accordingly, the Court has directed DIAC to appoint a Sole Arbitrator. In view of this development having taken place, the captioned petition is disposed of with the direction that will be placed before the learned Arbitrator for adjudication and that he will treat this petition as an application under Section 17 of the Arbitration and Conciliation Act, 1996. 3.

In the meantime, though, the interim order dated 29.08.2017 passed by this Court would continue to operate. The learned Arbitrator will, however, have liberty to either confirm or vacate or even vary the order

dated 29.08.2017, after giving due opportunity to the parties herein.

4.

The petition is disposed of accordingly.

RAJIV SHAKDHER, J DECEMBER 21, 2018 hs