Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Urc Constructions(P) Ltd vs Delhi Metro Rail Corporation on 13 August, 2021

Author: Vibhu Bakhru

Bench: Vibhu Bakhru

                         $~8
                         *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +     ARB.P. 762/2020
                                URC CONSTRUCTIONS(P) LTD                             ..... Petitioner
                                                   Through Mr Subhankar Sen, Advocate with
                                                   Mr Shaleen Srivastava, Advocates.

                                                   versus

                               DELHI METRO RAIL CORPORATION              ..... Respondent
                                            Through Mr Arjun Natrajan, Advocate.

                               CORAM:
                               HON'BLE MR. JUSTICE VIBHU BAKHRU
                                          ORDER

% 13.08.2021 [Hearing Held Through Videoconferencing]

1. The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter 'A&C Act'), inter alia, praying that an arbitrator be appointed to adjudicate the disputes that have arisen between the parties.

2. Concededly, the parties had entered into an agreement dated 01.09.20217 and the same includes an arbitration clause. The learned counsel appearing for the respondent states that he would have no objection if the petitioner appoints his nominee arbitrator. He further states that he has already forwarded a panel of five persons to the petitioner and respondent would be appointing one of them as its nominee arbitrator within a week from date. Both the nominated arbitrators can appoint a third arbitrator for constituting an Arbitral Tribunal.

3. The learned counsel appearing for the petitioner states that the petitioner has nominated Justice (Retired) J.R. Midha, former Judge of this Court as the sole arbitrator who has also given his consent.

4. In the circumstances, the present petition is disposed of by binding down the respondent to the statement made on its behalf that the respondent would nominate its arbitrator within a period of one week and communicate the same to the petitioner within a period of one week from today.

5. Both the arbitrators so nominated would appoint a third arbitrator as expeditiously as possible.

6. No further orders are required to be passed in this petition. The same is, accordingly, disposed of.

VIBHU BAKHRU, J AUGUST 13, 2021 pkv Signature Not Verified Digitally Signed By:DUSHYANT RAWAL