Delhi High Court - Orders
Bharti Tempo Service Through Sh. Narbir ... vs Shriram Transport Finance Co. Ltd on 23 March, 2023
Author: Navin Chawla
Bench: Navin Chawla
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (T) (COMM.) 102/2022 & I.A. 16270/2022
BHARTI TEMPO SERVICE THROUGH SH. NARBIR
SINGH & ANR. ..... Petitioners
Through: Mr.Madhav Bhatia, Mr.Aditya
Pandey, Advs.
versus
SHRIRAM TRANSPORT FINANCE CO. LTD. .... Respondent
Through: Mr.Varun Dev Mishra, Adv.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 23.03.2023
1. This petition has been filed praying for the following reliefs:
" i. Terminate the mandate of the Ld. Sole Arbitrator Sh. J.N. Yadav, District Judge (Retd.) to preside over arbitration proceedings titled ARBN/JN/STFC/298/2022 in the case titled 'Shriram Transport Finance Co. Ltd. V. Bharti Tempo Service, Through Sh. Narbir Singh & Anr.' being held at Chamber No. 483, Patiala House Courts, New Delhi, 110001;
ii. Stay the proceedings being ARBN/JN/STFC/298/2022 in the case titled 'Shriram Transport Finance Co. Ltd. V. Bharti Tempo Service, Through Sh. Narbir Singh & Anr.' being held at Chamber No. 483, Patiala House Courts, New Delhi, 110001 till the disposal of the present Petition."
2. It is the case of the petitioners that the respondent unilaterally appointed a Sole Arbitrator. The appointment of such Arbitrator is, therefore, in violation of Section 12 of the Arbitration and Conciliation Act, 1996.
3. The learned counsel for the respondent submits that without prejudice Signature Not Verified to the rights and contentions of the respondent, the Digitally Signed By:SUNIL respondent has no objection to the mandate of the Arbitrator being Signing Date:21.03.2023 02:27:14 terminated.
4. Accordingly, the present petition is allowed and the mandate of the Arbitrator is terminated. The respondent shall be at liberty to seek appointment of an Arbitrator in accordance with the law.
5. The petition along with the pending application is disposed of in the above terms.
NAVIN CHAWLA, J MARCH 23, 2023/Arya Signature Not Verified Digitally Signed By:SUNIL Signing Date:21.03.2023 02:27:14