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High Court of DelhiO.M.P. (T) (COMM.)/4/2018

Haresh M Sadhariya v. Religare Finvest Ltd. & ORS.

2018-05-03Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (T) (COMM.) 4/2018 and IA No. 733/2018 HARESH M SADHARIYA ..... Petitioner Through:

Counsel (appearance not given).

versus RELIGARE FINVEST LTD. & ORS.

..... Respondents Through:

Ms Bharti Sharma, Proxy Counsel.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 03.05.2018 1.

The petitioner has filed the present petition under Section 14 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying that the mandate of the sole arbitrator be terminated and an independent arbitrator may be appointed.

2.

At the outset, the learned counsel appearing for the respondents states that the respondents have no objection if an order is passed terminating the mandate of the sole arbitrator and an independent arbitrator is appointed to fill up the vacancy so caused.

3.

In view of the above and with the consent of the parties, Mr Rakesh Kapoor, Retd. District & Sessions Judge, Delhi (Mobile No. 9910384621) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. This is subject to the arbitrator making the necessary disclosure under Section 12 of the Act and not being ineligible under Section 12(5) of the Act.

4.

The Arbitrator shall fix his fees in consultation with the learned counsel for the parties and having regard to Schedule IV of the Act. The parties are at liberty to approach the Arbitrator for further proceedings. 5.

In view of the above, the petition and the application are disposed of. VIBHU BAKHRU, J MAY 03, 2018 RK