Delhi High Court - Orders
Jayanta Kumar Ghosh Outdoor Catering ... vs The State Of Maharashtra & Ors on 27 January, 2023
Author: Navin Chawla
Bench: Navin Chawla
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 285/2022
JAYANTA KUMAR GHOSH OUTDOOR CATERING PVT LTD
..... Petitioner
Through: Mr.Kirti Uppal, Sr. Adv. with
Mr.Ahutosh Dubey, Mr.Abhishek
Chauhan, Mr.Amit P Shahi, Mr.Amit
Kumar, Ms.Riya Gulati &
Mr.Chandan Sinha, Advs.
versus
THE STATE OF MAHARASHTRA & ORS.
.....Respondents
Through: Mr.Balbir Singh, Sr. Adv. with
Mr.Naman Tandon, Mr.Raghav
Sharma & Mr.Shrirang B. Varma,
Advs. for R-1 to R-4.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 27.01.2023
1. With the consent of the learned senior counsels for the parties, who submit that the intent is to ensure that the consideration of the interim relief of the petitioner is expedited, I appoint Ms. Justice Indu Malhotra (Retd. Judge of Supreme Court) (Add.: 30, 1st Floor, Anand Lok, New Delhi, Mobile: 9810026757) as a Sole Arbitrator.
2. The learned Arbitrator shall give a disclosure under Section 12 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act') before proceeding with the reference.
Signature Not Verified Digitally Signed By:SUNIL Signing Date:30.01.2023 18:35:113. The fee of the Arbitrator shall be determined by the learned Sole Arbitrator in consultation with the parties.
4. The learned senior counsels for the parties agree that the pleadings filed in the present petition shall be treated as one filed under Section 17 of the Act before the learned Sole Arbitrator. The petitioner shall also, in the meantime, file rejoinder to the reply filed by the respondents, within a period of two weeks.
5. The learned Sole Arbitrator is requested to expedite the consideration of the application under Section 17 of the Act. It is made clear that the learned Sole Arbitrator shall decide on such application, remaining uninfluenced by any observation made in the order dated 06.10.2022 of this Court.
6. In the meantime, the interim arrangement shall continue.
7. In view of the above, the arbitration petition, being ARB. P. 80/2023, filed by the petitioner seeking appointment of an Arbitrator, be treated as disposed as having become infructuous.
8. The learned senior counsel for the respondents fairly submits that in view of the order passed today, the appeal filed under Section 37 of the Act in challenge to the order dated 06.10.2022, shall not be pressed by the respondents.
9. The present petition is disposed of in the above terms.
NAVIN CHAWLA, J JANUARY 27, 2023/rv Signature Not Verified Digitally Signed By:SUNIL Signing Date:30.01.2023 18:35:11