Snup Fresh Milk & Dairy Rpoducts Pvt. Ltd. v. Prabhat Dairy Ltd.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 754/2017 & IA 861/2018 SNUP FRESH MILK & DAIRY RPODUCTS PVT. LTD.

..... Petitioner Through:

Mr.Vipul Agrawal, Adv.

versus PRABHAT DAIRY LTD.

..... Respondent Through:

Mr.Sandeep Deshmukh, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 20.02.2018 This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner seeking appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Agreement for supply of "Ghee and Other Dairy Products" dated 02.09.2016 executed between the parties. The learned counsel for the respondent submits that though the respondent has filed the reply to the said petition, it has no objection if an Arbitrator is appointed to adjudicate the disputes that have arisen between the parties. He further submits that out of the names proposed by the petitioner, the respondent is agreeable to the appointment of Justice Sudhir Kumar Katriar, Former Judge, Patna High Court as a Sole Arbitrator. The counsel for the petitioner submits that he has already taken the oral consent of the proposed Arbitrator to his appointment. In view of the above, I see no impediment in appointing of Justice Sudhir Kumar Katriar, Former Judge, Patna High Court (R/o Flat No. 101,

4th Floor, Tower No. 12, Supreme Enclave, Mayur Vihar Phase - I, New Delhi - 110091, Ph.: 011-22750555; +91-8527937916) as a Sole Arbitrator to adjudicate the disputes that have arisen between the parties. The Arbitrator shall give his disclosure in terms of Section 12(1) of the Act before proceeding with the reference. All contentions and submissions of either of the parties shall remain open before the Arbitrator being appointed by this order.

The petition is allowed in the above terms with no orders as to costs. Dasti.

NAVIN CHAWLA, J FEBRUARY 20, 2018/rv