Rakesh Asthana & ANR. v. Universal Buildwell Pvt Ltd & ANR.

$~38-39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 88/2017

(39) O.M.P. (T) (COMM.) 89/2017 RAKESH ASTHANA & ANR.

BANDANA RANI ..... Petitioners Through: Mr.Sumit Kumar, Adv.

versus UNIVERSAL BUILDWELL PVT LTD & ANR. ..... Respondents Through: Mr.Nikhil Bahri, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 31.05.2018 These petitions have been filed under Section 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking appointment of a substitute Arbitrator in place of the Arbitrator appointed by the Supreme Court vide its order dated 10th January, 2017 passed in Civil Appeal No.309/2017. The Arbitrator so appointed has tendered his recusal vide notice dated 8th May, 2017. Counsel for the respondents submits that the respondents have no objection if a substitute Arbitrator is appointed by this Court. Counsel for the parties submit that the parties may be referred to the Delhi International Arbitration Centre (DIAC) for the appointment of an Arbitrator as also for the conduct of the arbitration proceedings.

I accordingly direct the parties to appear before the DIAC on 9th July, 2018 at 2.00 p.m.

DIAC shall appoint a Sole Arbitrator for adjudicating the disputes that have arisen between the parties. The arbitration and fee shall be governed by the DIAC rules. The petitions are disposed of with the above directions, with no order as to costs.

NAVIN CHAWLA, J MAY 31, 2018 RN