Ascend Telecom Infrastructure Pvt. Ltd v. Viom Networks Limited

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 1/2017 ASCEND TELECOM INFRASTRUCTURE PVT.

LTD ..... Petitioner Through: Mr. Kanishk Ahuja, Advocate.

versus VIOM NETWORKS LIMITED ..... Respondent Through: Mr. Abhijit Mittal, Advocate.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 16.01.2017

1. This is a petition under Section 14 of the Arbitration and Conciliation Act, 1996 ('Act') seeking the appointment of an Arbitrator in place of Mr. Justice S.S. Nijjar who expressed his inability to continue as such.

2. Learned counsels for the parties agree that the Court should appoint a former Judge of this Court as an Arbitrator for adjudication of disputes between the parties.

3. Accordingly, this Court appoints Mr. Justice R.V. Easwar, a former Judge of this Court (Mobile No. 9560899997) as an Arbitrator for adjudication of disputes between the parties including claims and counter-claims. The arbitration shall take place under the aegis of the Delhi International Arbitration Centre ('DAC'). The fees of the learned Arbitrator will be in O.M.P. (T) (COMM.) 1/2017

terms of the Delhi High Court Arbitration Centre (Arbitrators' Fees) Rules.

4. It is made clear that the time period that has to be calculated for compliance of various steps under the Act as amended from 23rd October 2015 will begin from the date Justice Easwar enters upon reference.

5. The petition is disposed of. A copy of this order be communicated to Justice Easwar as well as Additional Coordinator, DAC forthwith. S.MURALIDHAR, J JANUARY 16, 2017 Rm O.M.P. (T) (COMM.) 1/2017