Adwel Advertising v. Delhi Transport Corporation

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 107/2018 ADWEL ADVERTISING ..... Petitioner Through:

Mr. Satvik Varma with Mr. Mohit Mudgal and Mr. Kumar Sambhav, Advs versus DELHI TRANSPORT CORPORATION ..... Respondent Through:

Mrs. Avnish Ahlawat with Mr. Nitesh Singh, Advs

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 10.10.2018 I.A. No. 14045/2018 (Exemption) 1.

Allowed, subject to just exceptions.

O.M.P. (T) (COMM.) 107/2018 2.

Issue notice.

3.

Mrs. Avnish Ahlawat accepts notice on behalf of the respondent. 4.

Mr. Satvik Varma, learned counsel, who, appears on behalf of the petitioner, says that the captioned petition has been moved to seek appointment of an Arbitrator, on account of the demise of the erstwhile Arbitrator i.e. Hon'ble Mr. Justice S. S. Chadha, a former judge of this Court.

5.

Mrs. Avnish Ahlawat says that she has no objection to this court O.M.P. (T) (COMM.) 107/2018

appointing another Arbitrator in the matter.

6.

Accordingly, Hon'ble Mr. Justice (Retd.) Satish Kumar Agnihotri, former Chief Justice, High Court of Sikkim (Mobile No.: 9498095770 and 011-24333839; residing at C-447, Defence Colony, New Delhi) is appointed as an Arbitrator in the matter.

7.

The learned Arbitrator will continue with the proceedings from the stage at which it is presently positioned.

8.

Insofar as the fees is concerned, counsel for the parties submit that the terms of engagement which were agreed to, with late Hon'ble Mr. Justice S. S. Chadha, will continue to obtain. It is ordered accordingly. 9.

The learned Arbitrator will file his declaration before entering upon reference in terms of Section 12 of the Arbitration and Conciliation Act, 1996.

10.

Parties and their counsels will appear before the learned Arbitrator on 31.10.2018 at 4:00 pm.

11.

In case the date given by the Court is not convenient to the learned Arbitrator, then, he will fix another date which is proximate to the date given by the Court 12.

The petition is disposed of in the aforesaid terms. 13.

The Registry will dispatch a copy of this order to the learned Arbitrator.

RAJIV SHAKDHER, J OCTOBER 10, 2018 c O.M.P. (T) (COMM.) 107/2018