Narender Kumar v. Delhi Metro Rail Corporation Limited

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 580/2015 NARENDE KUMAR Petitioner Through:

Ms. Risha Mittal, Advocate Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

versus DELHI METRO RAIL CORPORATION LIMITED Respondent Through:

Mr. Shiv Kumar, Advocate WITH + ARB.P. 581/2015 NARENDER KUMAR Petitioner Through:

Ms. Risha Mittal, Advocate versus DELHI METRO RAIL CORPORATION LIMITED Respondent Through:

Mr. Shiv Kumar, Advocate

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

ORDER

% 16.12.2015 Notice was issued on 19"' October, 2015. The Law Officer of the respondent accepted the notice and was granted two weeks' time to file reply. The reply is not on record, despite a lapse of eight weeks thereafter. The right to file reply is closed.

The petitioner's notice dated 5"' July, 2015, invoking the arbitration in terms of Clause-45, seeking the appointment of an arbitrator was served upon the respondents. No arbitrator has been appointed till date.

In the absence of any rebuttal of the plaint, the petition is to be allowed.

Accordingly, Justice (Retd.) P.K. Bbasin (Mobile No.9871300032), a former Judge of this Court, is appointed as the Sole Arbitrator in terms of Clause 45, before whom the parties shall appear on 28.12.2015. The fee of the learned Arbitrator shall be as per the Arbitration and Conciliation (Amendment) Ordinance. 2015. A copy of this order be sent to the learned Arbitrator. The petition stands disposed off in the above terms. WAZIRI, J DECEMBER 16, 2015 tp