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Delhi High Court - Orders

M/S Nanu Ram Goyal And Co vs M/S Bptp Limited on 24 February, 2020

Author: Rekha Palli

Bench: Rekha Palli

                          $~34
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      O.M.P. (T) (COMM.) 14/2020
                                 M/S NANU RAM GOYAL AND CO.                           ..... Petitioners
                                                    Through: Dr. Amit George, Mr. Sahil Garg,
                                                    Mr.Amol Acharya and Mr. Piyo Harold, Advs.

                                                    versus

                                 M/S BPTP LIMITED                                     .... Respondent
                                                Through:          None.

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                              ORDER

% 24.02.2020 I.A. No.2563/2020 (exemption)

1. Exemption granted subject to all just exceptions.

2. The application is disposed of.

I.A. No.2562/2020 (exemption)

3. Vide the present application the petitioners seeks stay of the proceedings pending before the learned Arbitrator. However, after some arguments, learned counsel for the petitioners submits that since the next date before the learned Arbitrator is 16.05.2020, he does not press the present application.

4. The application is dismissed as not pressed.

O.M.P. (T) (COMM.) 14/2020

5. This is a petition under Section 14 and 15 of the Arbitration and Conciliation Act, 1996 seeking termination of the mandate of the sole Signature Not Verified DigitallySigned By:MANJU BHATT Signing Date:26.02.2020 16:12:11 arbitrator namely Mr. Justice R.B. Mishra (Retd.) nominated unilaterally by the Managing Director of the respondent on 09.01.2020.

6. Learned counsel for the petitioners submits that the appointment of aforesaid sole Arbitrator is in tooth of the decision of the Supreme Court in Perkins Eastman Architects DPC and another Vs. HSCC (India) Ltd. 2019 SCC OnLine SC 1517.

7. Upon the petitioners filing process fee, issue notice to the respondent through ordinary process and speed post, returnable on 03.04.2020.

REKHA PALLI, J.

FEBRUARY 24, 2020 'sdp' Signature Not Verified DigitallySigned By:MANJU BHATT Signing Date:26.02.2020 16:12:11