Kapson Engineers Pvt Ltd v. Honda Cars India Limited

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 469/2017 KAPSON ENGINEERS PVT LTD ..... Petitioner Through:

Mr. Ashish Bhagat with Mr. Akshat Gupta, Mr. Ritik, Advocates versus HONDA CARS INDIA LIMITED ..... Respondent Through:

Mr. Jagdev Singh with Mr. Sachin Saini, Advocates and Mr. M.K. Bipin, Head-Legal

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 20.12.2017 The parties have not been able to arrive at a settlement before the Delhi High Court Mediation & Conciliation Centre. The learned counsel for the parties submit that the parties may be referred to the Delhi International Arbitration Centre (DIAC) for appointment of a sole Arbitrator to adjudicate the disputes that have arisen between them.

In view of the above submission, I refer the parties to the DIAC, who shall appoint a Sole Arbitrator for adjudication of the disputes that have arisen between the parties in relation to the "Dealership Agreement" dated 1st April, 2017. The arbitration procedure and the fee shall be governed by the rules of DIAC. The parties shall appear before the DIAC on 9th

January, 2018 at 2.00 pm.

The learned counsel for the petitioner submits that as this Court has directed appointment of an Arbitrator, he would withdraw the present petition and file afresh petition under Section 17 of the Act before the Arbitrator so appointed.

In view of the above, he seeks to withdraw the present petition with liberty to file an application under Section 17 of the Act. The present petition is dismissed as withdrawn, with liberty as prayed for. Copy of this order be given dasti under the signatures of the Court Master.

NAVIN CHAWLA, J DECEMBER 20, 2017/Nk