Starcon Infrastructure Developers v. Valiant Automation Private Limited

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 486/2015 STARCON INFRASTRUCTURE DEVELOPERS ..... Petitioner Through Mr.Amit Bhatia, Adv.

versus VALIANT AUTOMATION PRIVATE LIMITED ..... Respondent Through None.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

% 08.09.2016 The respondent is served by way of publication. No one appears on its behalf when the matter is taken up. Reply has also not been filed. Under these circumstances, this Court has no other option but to decide the present petition on merits.

Learned counsel for the petitioner has confirmed that the possession has been handed over to the petitioner by the respondent. The only dispute remains is in relation to the rent and other expenses which is about Rs.90 lacs.

In view of the submissions made in the petition and the documents placed on record, the prayer made in the petition is allowed. Accordingly, Justice H.R. Malhotra (Retd.) (Mobile No.9818000400) is appointed as the sole Arbitrator to adjudicate the disputes between the parties as mentioned in the present petition.

The parties are also allowed to file their respective claims and counter-claims before the Arbitrator.

The Arbitrator shall ensure the compliance of the provisions of Arbitration and Conciliation (Amendment) Act, 2015 before commencing the arbitration. The fees of the learned Arbitrator shall be in terms of the schedule of the amended Act. The parties to appear before the Arbitrator on 27th September, 2016 at 4.30 p.m. for directions. The petition is accordingly disposed of.

Copy of this order be given dasti to the learned counsel for the parties and a copy thereof be delivered to the learned Arbitrator forthwith. MANMOHAN SINGH, J SEPTEMBER 08, 2016/vp