Delhi High Court - Orders
Amit Guglani & Anr vs L And T Housing Finance Ltd & Anr on 2 November, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1141/2023
AMIT GUGLANI & ANR.
..... Petitioner
Through: Mr. Manohar Lal and Mr. Chaitanya
Rohilla, Advs.
versus
L AND T HOUSING FINANCE LTD & ANR.
..... Respondent
Through: Counsel for respondent no. 1 (through
VC, appearance not given)
Mr. Arvind Jadon, Adv. for R-2.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 02.11.2023
I.A. 21683/2023 -Ex.
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
ARB.P. 1141/20233. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator for adjudication of the disputes which have arisen between the parties in relation to tripartite agreement dated 21.10.2018.
4. Issue notice. Learned counsel for the respondents accept notice and fairly submits that without admitting the averments made in the petition, they have no objection for appointment of an arbitrator by This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2023 at 01:04:26 this Court.
5. In the light of the aforesaid stand taken by the parties and the admitted position that the disputes have arisen between them in relation to the tripartite agreement dated 21.10.2018 which as per clause 27 thereof are required to be adjudicated by an arbitrator, the petition deserves to be allowed. The petition is, accordingly, allowed by appointing, with the consent of the parties, Ms. Gunjan Sinha Jain, Advocate, (Mobile No.9811387311), as the sole arbitrator for adjudication of disputes which have arisen between the parties in relation to the tripartite agreement dated 21.10.2018.
6. The arbitration proceedings will be conducted under the aegis of the Delhi International Arbitration Centre (hereinafter referred to as 'DIAC') and, therefore, the fees of the learned Arbitrator will be governed by the rules of the DIAC. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act.
7. It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties, it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law.
8. A copy of this order be forwarded to the learned Arbitrator for information.
REKHA PALLI, J NOVEMBER 2, 2023 acm This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2023 at 01:04:26