M/S Outputt Project India Pvt Ltd v. Haryana State Industrial And Infrastructure Development Corporation Ltd

      

 



 
 
 

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- % ./01 # The applicant through instant application under Sections 14, 15 and 32 of the Arbitration and Conciliation Act, 1996 (for short '1996 Act') read with Section 151 of the Code of Civil Procedure, 1908 and Clause 11 of the lease deed dated 10.11.2017 is seeking setting aside of order dated 18.07.2024 (Annexure P-1) passed by Arbitrator whereby he has ordered to terminate the proceedings under Section 32 of 1996 Act. 2.

By order dated 23.04.2024 (Annexure P-4), this Court appointed a sole Arbitrator in ARB-376-2023 to adjudicate the dispute between the parties. The parties did not appear before the learned Arbitrator who vide order dated 18.07.2024 ordered to terminate the proceedings.

3.

Mr. Farhad Kohli, Advocate for the applicant submits that Arbitrator was appointed by this Court vide order dated 23.04.2024 (Annexure P-4) and impugned order came to be passed on 18.07.2024. The applicant had not received communication from the Arbitrator which resulted into non-joining the proceedings. There was no intentional lapse on his part. This Court may either appoint the same Arbitrator or some other Arbitrator.

4.

Mr. Sanjeev Kaushik, Advocate for the respondent expressed his inability to controvert the aforesaid factual and legal position. 5.

In the wake of statement of both sides, this Court finds it appropriate to appoint 
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   . The parties at the first instance will appear before the Arbitrator on 09.04.2025 at 10:00 A.M and thereafter as directed by learned Arbitrator.

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From the perusal of impugned order, it is evident that there was lapse on the part of applicant though may not be intentional. Some costs needs to be imposed. Accordingly, costs of Rs.25,000/- is imposed upon the applicant. The same shall be deposited within four weeks from today with PGIMER Poor Patient Fund.

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