Bestime Trading Co.Private Limited v. Alchemist Limited

$~37 & 38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 713/2017 BESTIME TRADING CO.PRIVATE LIMITED ..... Petitioner Through:

Mr. Rajiv K. Garg with Sandeep Banga and Mr. Ashish Garg, Advocates versus ALCHEMIST LIMITED ..... Respondent Through:

Mr. Abhishek Singh with Mr. Sohail Walia, Advocates + ARB.P. 826/2017 & IA No. 15226/2017 ALCHEMIST LTD (PHARMA DIVISION) ..... Petitioner Through:

Mr. Abhishek Singh with Mr. Sohail Walia, Advocates versus BESTIME TRADING CO. PVT. LTD. & ORS.

..... Respondents Through:

Mr. Rajiv K. Garg with Sandeep Banga and Mr. Ashish Garg, Advocates

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 21.12.2017 As both the parties have filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, both admitting the existence of the Arbitration Agreement and invocation thereof and both having claims against each other, I see no impediment in appointment of a Sole Arbitrator for adjudication of the disputes that have arisen between the parties in relation to National C&F Agreement dated 9th

July, 2017/11th June, 2015.

I accordingly appoint Mr.Dinesh Dayal (Retired Additional and District Judge) as a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the above agreement. The Arbitrator would give his disclosure in terms of Section 12 of the Act before proceeding with the reference. The fee of the Arbitrator will be in accordance with Schedule IV of the Act. The parties will appear before the Arbitrator on 16th January, 2018 at 4 p.m. The petitions are allowed in the above terms. Dasti.

NAVIN CHAWLA, J DECEMBER 21, 2017/Nk