Ramesh Kumar Siwach v. Union Of India

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 1.

+ ARB.P. 657/2015 RAMESH KUMAR SIWACH ..... Petitioner Through: Mr.S.W. Haider, Advocate.

versus UNION OF INDIA ..... Respondent Through: Mr. J.K. Singh, Mr. Praveen Kumar Advocates.

CORAM: JUSTICE S. MURALIDHAR

O R D E R

% 18.10.2016

1. The grievance of the Petitioner is that of the 13 claims preferred by the Petitioner by notice dated 24th November, 2014, the Respondent has referred only three of the claims i.e., Claims 1, 5 and 11 for arbitration. He, accordingly, submits that the remaining claims which have not been referred to the arbitration by the Respondent should now be adjudicated by an independent Arbitrator appointed by this Court.

2. Having considered the submissions of the parties, the Court is of the view that it will be appropriate to refer the left out claims also to the same Arbitrator who is already seized of Claims 1, 5 and 11. The submission of the Petitioner that the Arbitrator will not independently adjudicate the left out claims now referred to him does not appeal to this Court. Indeed, the Petitioner has no grievance regarding Claims 1, 5 and 11 being adjudicated ARB.P. 657/2015 Page 1 of 2

by the same Arbitrator. There is no reason to doubt his impartiality as regards other claims which are now referred to him for adjudication.

3. Accordingly, it is directed that the remaining claims raised by the Petitioner by notice dated 24th November, 2014 shall stand referred for adjudication by the same learned Arbitrator to whom Claims 1,5 and 11 have been referred. This is without prejudice to the contentions of the Respondent on merits qua the said additional claims.

4. The petition is disposed of in the above terms. S. MURALIDHAR, J OCTOBER 18, 2016 mg ARB.P. 657/2015 Page 2 of 2