Ncr Skybuild Pvt. Ltd. v. Krasa International Pvt.Ltd.

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ NCR SKYBUILD PVT. LTD.

..... Petitioner Through:

Mr S. K. Dubey and Mr Rajmangal Kumar, Advocates.

versus KRASA INTERNATIONAL PVT.LTD.

..... Respondent Through:

Mr Manu Nayar and Ms Meenakshi Chopra, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 06.03.2017 1.

The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying that an Arbitrator be appointed to adjudicate the disputes between the parties arising out of the Underwriting Agreement dated 08.09.2014. 2.

The said Underwriting Agreement includes an arbitration clause, which is set out below:- "14.3 If the dispute is not resolved through such discussions, the dispute or the claim shall be finally settled by arbitration in accordance with Arbitration and Conciliation Act, Such arbitration shall be conducted by 3 (three) arbitrators, each Party shall appoint an arbitrator respectively and the appointed arbitrators shall jointly appoint a presiding arbitrator,

failing which the arbitrators shall be appointed by the Court to which a reference is made by any of the Parties in accordance with the Arbitration and Conciliation Act, 1996."

3.

The learned counsel for the respondent does not dispute the existence of the said Agreement or the arbitration clause. The learned counsel for parties request that a Sole Arbitrator be appointed to adjudicate the disputes between the parties; but, the Arbitrator may be directed to enter upon the reference only if the parties are unable to resolve the disputes amicably before the Delhi High Court Mediation and Conciliation Centre (DHCMCC).

4.

In view of the above, it is directed that Justice Vikramajit Sen (Retired) (Mob. No. +91 8447333366), former Judge of the Supreme Court of India, be appointed as a Sole Arbitrator to adjudicate the disputes between the parties. This is subject to the Arbitrator making the necessary disclosure under Section 12 of the Act and not being ineligible under Section 12(5) of the Act. The arbitration shall be conducted under the aegis of the Delhi International Arbitration Centre (DIAC) and in accordance with its Rules. The parties are at liberty to approach the Arbitrator as well as Co-ordinator for fixing a preliminary hearing.

5.

In view of the submission made by the learned counsel for the parties that the parties are attempting to resolve the disputes before DHCMCC and would like to exhaust the said recourse, it is further directed that the Arbitrator shall not enter upon the reference till 15.05.2017. In the event, the parties are able to resolve their disputes amicably they shall

communicate the same to the Arbitrator as well as to the Co-ordinator, DIAC. In such eventuality, no further proceedings would be required to be undertaken either by the Arbitrator or by the Co-ordinator, DIAC. However, if the parties are unable to resolve the disputes on or before 14.05.2017, the parties shall appear before the Co-ordinator, DIAC on 15.05.2017 and shall proceed with the arbitration as directed.

6.

The petition is disposed of.

VIBHU BAKHRU, J MARCH 06, 2017 MK