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High Court of DelhiARB.P./450/2017

Sweka Power-Tech Engineers Pvt. Ltd. v. East Delhi Municipal Corporation & ORS.

2017-07-24Hon'Ble Mr. Justice Jayant Nath2 pages

$~OS-29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 450/2017 SWEKA POWER-TECH ENGINEERS PVT. LTD...... Petitioner Through Mr.Gaurav Sarin and Ms.Charul Sarin, Advs.

versus EAST DELHI MUNICIPAL CORPORATION & ORS.

..... Respondents Through Mr. Roshan lal Goel and Ms.Anju Gupta, Advs. for EDMC Ms.Nikhil Goel and Mr.Ashutosh Ghade, Advs.

for SDMC Mr. Sunil Goel, Standing Counsel with Ms.Supreet Bimbra, Adv. for NDMC.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 24.07.2017 IA No. 8154-55/2017 (exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

ARB.P. 450/2017 Pursuant to the Agreement executed between the parties on 09.07.2008, disputes arose between the parties. The petitioner filed a petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act). This court had appointed Justice R.C. Chopra (Retd.) to be the sole arbitrator. On 14.03.2017, the learned

Arbitrator has passed an order recusing himself on account of having passed an award in another matter which has a ramification on the present proceedings. Hence, the present petition has been filed for appointment of a new arbitrator.

Learned counsel for all the three respondents have entered appearance. All the three counsel submit that an appropriate alternative arbitrator may be nominated by this court.

Accordingly, Mr. Justice Anil Kumar (Retd.) is appointed as a sole arbitrator to adjudicate the disputes between the parties. The parties to appear before the learned Arbitrator on 10.08.2017 at 4.00 PM. Learned counsel for the petitioner may depute an appropriate person to request the erstwhile arbitrator to handover the records which will then be filed before the newly appointed arbitrator. The learned arbitrator is requested to continue the proceedings from the stage at which they were left by the erstwhile arbitrator.

The petition stands disposed of.

JAYANT NATH, J JULY 24, 2017 rb