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Delhi High Court - Orders

Jmc Projects India Limited vs Telecommunications Consultants India ... on 1 June, 2021

Author: J.R. Midha

Bench: J.R. Midha

                          $~O-7
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     ARB.P. 521/2021

                                JMC PROJECTS INDIA LIMITED               ..... Petitioner
                                              Through: Mr.     Dayan   Krishnan,        Senior
                                                        Advocate with Mr. Ayush Agrawal,
                                                        Vikrant Singh Bloria, Mr. Samith
                                                        S.N., Ms. Anu Tiwari, Mr. Amit
                                                        Kumar, Advocates
                                              versus

                                TELECOMMUNICATIONS
                                CONSULTANTS INDIA LTD                  ..... Respondent
                                             Through: Mr. Deepak Khurana and Mr. Tejasv
                                                      Anand, Advocates
                                                      Mr. Abhay Prakash Sahay, CGSC
                                                      with Ms. Mannu Singh and Ms. Indira
                                                      Goswami, Advocates

                                CORAM:
                                HON'BLE MR. JUSTICE J.R. MIDHA
                                    ORDER

% 01.06.2021

1. The petitioner is seeking appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act.

2. The arbitration agreement between the parties is contained in the clause 63.3 of the General Clauses of Contract relating to the agreement dated 02nd June, 2015. The petitioner invoked arbitration vide notice dated 19th March, 2021.

3. The arbitration agreement between the parties is not disputed. The invocation of arbitration is also not disputed.

Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:08.06.2021 10:14:24

4. Learned senior counsel for the petitioner submits that the petitioner has claims to the tune of more than Rs.10 crore. It is further submitted that the arbitration be conducted under the aegis of Delhi International Arbitration Centre (DIAC).

5. The petition is allowed and Mr. Justice Madan B. Lokur (Retd.), Mobile No.9868219007 is appointed as a sole arbitrator to adjudicate the disputes between the parties.

6. The learned arbitrator shall ensure the compliance of Section 12 read with Fifth, Sixth and Seventh Schedule of Arbitration and Conciliation Act, 1996 before commencing the arbitration.

7. The fees of the learned arbitrator shall be in accordance with the Schedule of fees prescribed under the Delhi International Arbitration Centre (DIAC) (Administrative Costs and Arbitrators' Fees) Rules, 2018.

8. Copy of this order be sent to the learned arbitrator.

9. Copy of this order be sent to Delhi International Arbitration Centre (DIAC).

J.R. MIDHA, J.

JUNE 1, 2021/ds Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:08.06.2021 10:14:24