Goyal Mg Gases Pvt. Ltd. v. Jayaswal Neco Industries Ltd.

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 90/2017 GOYAL MG GASES PVT. LTD.

..... Petitioner Through Mr. Simran Mehta and Ms. Jyoti Sagar, Advs versus JAYASWAL NECO INDUSTRIES LTD.

..... Respondent Through Mr. Ravi Sharma, Adv

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 06.11.2017 IA No.12949/2017 (Exemption) Allowed, subject to all just exceptions.

The application is disposed of.

O.M.P. (T) (COMM.) 90/2017 Issue notice. Notice is accepted by Mr. Ravi Sharma, Advocate on behalf of the respondent who waives his right to file a reply. It is further submitted by the counsel for the respondent that the respondent has no objection, if a substitute arbitrator is appointed without in any manner admitting the contents of the petition. In view of the submission made by the counsel for the respondent and taking into account that the earlier appointed arbitrator has withdrawn vide his letter dated 15th September, 2017, I hereby direct that the parties shall appear before the Delhi International Arbitration Centre (DIAC) who may appoint a Sole

Arbitrator to adjudicate the disputes between the parties. The proceedings will be taken from the stage which they were before the earlier arbitrator. The arbitration and the fee shall be governed by the rules of the DIAC.

The parties to appear before DIAC on 27th November, 2017 at 2:00 PM.

With the above directions, the petition is disposed of. NAVIN CHAWLA, J NOVEMBER 06, 2017/NK