Kone Elevators India Pvt. Ltd. v. Mmr Infrastructure Developers Pvt. Ltd.

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 812/2017 KONE ELEVATORS INDIA PVT. LTD.

..... Petitioner Through:

Mr.Kapil Kher, Adv.

versus MMR INFRASTRUCTURE DEVELOPERS PVT. LTD.

..... Respondent Through:

Mr.H.R. Rajvir, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 05.03.2018 This petition under Section 11 of the Arbitration and Conciliation Act, 1996, has been filed by the petitioner seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the agreement dated 06.05.2013.

The agreement between the parties contains an Arbitration Agreement, which is reproduced herein below:- "ARBITRATION:

In the event of difference or dispute arising out of, under or in connection with this agreement, over the rights of obligation of parties hereto, the dispute or difference shall be referred to the Arbitration of a Sole Arbitrator to be mutually appointed by both the parties. The venue of the Arbitrator shall be at New Delhi and the Courts in the City of New Delhi alone shall have the jurisdiction in relation to the Arbitration and The Provisions of Arbitration and Conciliation Act 1996 shall be applicable to such Arbitration." The respondent has filed a reply and prays that a technical and qualified person having knowledge of lifts / elevators to be appointed as a Sole Arbitrator. Considering the submissions made by the parties, the parties are referred to the Delhi International Arbitration Centre (hereinafter referred to as the 'DIAC), who

shall appoint an Arbitrator keeping in mind the nature of the disputes that have arisen between the parties and the amount of claim and counter-claim. The parties shall appear before the DIAC on 15th March, 2018 at 3 p.m. The arbitration and the fee shall be governed by the DIAC rules.

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

NAVIN CHAWLA, J MARCH 05, 2018/rv