M/S. Swift Securitas (P) Ltd. v. National Institute Of Food Technology Entrepreneurship And Management (Niftem)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 693/2015 M/S. SWIFT SECURITAS (P) LTD.

..... Petitioner Through Mr.Pankaj Yadav, Adv. with Mr.Dus Yadav, Adv.

versus NATIONAL INSTITUTE OF FOOD TECHNOLOGY ENTREPRENEURSHIP AND MANAGEMENT (NIFTEM) ..... Respondent Through None.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

% 23.02.2016 No reply has been filed on behalf of the respondent. Even, no one appears on its behalf even on the second call when the matter is taken up. Under these circumstances, the respondent is proceeded ex parte. The present petition has been filed by the petitioner under Section 11(5) and 11(8)(B) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator.

After having heard the learned counsel for the petitioner as well as after going through the material available on the record, the prayer made in the present petition is accordingly allowed. The matter is referred to the Delhi International Arbitration Centre ('DAC') who will appoint an Arbitrator in accordance with the provisions of the Act. The Arbitrator to adjudicate the disputes between the parties as mentioned in the

present petition. The parties are also allowed to file their respective claims and counter-claims before the Arbitrator.

The arbitration shall take place under the aegis of DAC. The Arbitrator shall ensure the compliance of the provisions of Arbitration and Conciliation (Amendment) Act, 2015 before commencing the arbitration. The fees of the learned Arbitrator shall be in terms of the Delhi International Arbitration Centre (Administrative Cost Arbitrator's Fees) Rules. The petition is accordingly disposed of.

Copy of this order be given dasti to the learned counsel for the petitioner and a copy thereof be delivered to the learned Arbitrator as well as Additional Coordinator, DAC forthwith.

MANMOHAN SINGH, J.

FEBRUARY 23, 2016/vp