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High Court of DelhiARB.P./508/2017

Mohd. Saleem Sheikh v. M/S Premia Structures Ltd.

2017-09-20Hon'Ble Mr. Justice Jayant Nath2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 508/2017 MOHD. SALEEM SHEIKH ..... Petitioner Through Mr. S.Abhishek Iyer, Adv.

versus M/S PREMIA STRUCTURES LTD.

..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 20.09.2017 Learned counsel for the petitioner has filed an affidavit of service showing receipt of summons by the respondent through speed post along with the tracking report. None has chosen to appear for the respondent. Respondent is proceeded ex parted.

The present petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking appointment of a sole arbitrator.

It has been urged that on 20.06.2014, the petitioner vide an application proposed to book two corporate studios from the respondent. On 05.07.2014, the petitioner made the entire sale consideration to the respondent amounting to Rs.62,00,645/-. On 17.07.2014, two MOUs have been entered into with the respondent. Clause 42 of the MOU provides for an arbitration clause. Disputes have to be adjudicated by a sole arbitrator to

be mutually appointed by the parties.

Accordingly, Sh.B.C. Panday, Advocate (Mobile No.: 9811007851) is appointed as the sole arbitrator to adjudicate the disputes between the parties. The arbitration shall take place under the aegis of the Delhi International Arbitration Centre (DIAC). Copy of this order be sent to the learned Arbitrator and DIAC.

The petition stands disposed of.

JAYANT NATH, J SEPTEMBER 20, 2017 rb