Era Infra Engineering Ltd v. National Thermal Power Corporation Limited

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 03.12.2018 + ARB.P. 816/2018 ERA INFRA ENGINEERING LTD ..... Petitioner Through:

Mr. Sumit Purohit with Mr.

Shubhankar, Advs versus NATIONAL THERMAL POWER CORPORATION LIMITED ..... Respondent Through:

Mr. Puneet Taneja with Ms. Laxmi Kumari, Advs

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.: (ORAL) 1.

Mr. Taneja has returned with instructions.

2.

Learned counsel says that since there is no dispute as to the existence of an Arbitration Agreement, the parties had a discussion concerning the appointment of an Arbitrator and thereafter mutually agreed on a name.

3.

Mr. Sumit Purohit, who, appears for the petitioner, affirms this position.

4.

Counsel for the parties say that they have agreed on the appointment of Hon'ble Mr. Justice J.D. Kapoor, Former Judge of this Court (M: 9871257474) as an Arbitrator in the matter. ARB. P. 816/2018

4.1 It is ordered accordingly.

5.

Furthermore, counsel for the parties say that they are also agreed that the learned Arbitrator will be paid his fee in accordance with the provisions of Fourth Schedule appended to the Arbitration and Conciliation Act, 1996.

5.1 The said statement is taken on record.

6.

The petition is disposed of in the aforesaid terms. RAJIV SHAKDHER (JUDGE) DECEMBER 03, 2018 c ARB. P. 816/2018