Artson Engineering Limited v. Hpcl-Mittal Energy Limited
$~36 to 38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 766/2018 + ARB.P. 767/2018 + ARB.P. 768/2018 ARTSON ENGINEERING LIMITED ..... Petitioner Through Mr.E.R. Kumar, Ms.Smita Bhargava, Ms.Aishwarya Dash, Ms.Sumedha Sindhu and Mr.Mann Bajaj, Advs.
versus HPCL-MITTAL ENERGY LIMITED ..... Respondent Through Mr.Kartik Nayar and Mr.Sarthak Malahotra, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 08.10.2018 I.A. Nos.13824-25/2018 (Exemption) in ARB.P. 766/2018 I.A. Nos.13826-27/2018 (Exemption) in ARB.P. 767/2018 I.A. Nos.13828-29/2018 (Exemption) in ARB.P. 768/2018 Allowed, subject to all just exceptions.
ARB.P. 766/2018 ARB.P. 767/2018 ARB.P. 768/2018 These petitions under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the „Act‟) have been filed by the petitioner seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the three contracts referred
to as Agreement Nos.2505, 2507 and 2512 executed between the parties in relation to the work for construction and supply of Intermediate and Product Storage Tank, Crude Oil Storage Tanks and works entailing Supply, Fabrication and Erection of Structural Crossover Platform at Bathinda. All the three Agreements mentioned above contain Arbitration Agreements between the parties.
Learned counsel for the respondent, who appears on advance notice, submits that the respondent has no objection if an Arbitrator is appointed for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreements, however, the same should be without prejudice to the rights and contentions of the respondent. In view of the above, I appoint Hon'ble Ms.Justice Indermeet Kaur Kochhar, a former Judge of this Court, (62, Lodhi Estate, New Delhi110003, Mob.No.9910384614) as a Sole Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the abovementioned Agreements. The Arbitrator shall give disclosure under Section 12 of the Act before proceeding with the reference. All the rights and contentions of either party shall remain open before the Arbitrator in such proceedings.
The petitions are allowed, with no order as to cost. Dasti.
NAVIN CHAWLA, J OCTOBER 08, 2018/Arya