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Jmc Projects India Ltd vs Telecommunication Consultants India ... on 15 September, 2022

Author: V. Kameswar Rao

Bench: V. Kameswar Rao

                              $~24
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                              +     ARB.P. 1091/2022, I.A. 15115/2022

                                    JMC PROJECTS INDIA LTD                  ..... Petitioner
                                                  Through: Mr. Nilava Bandyopadhyay,
                                                           Mr. Devang Kumar and Ms.
                                                           Moonmoon Nanda, Advs.

                                                 versus

                                    TELECOMMUNICATION CONSULTANTS INDIA LIMITED
                                    (TCIL).                               ..... Respondent
                                               Through: Mr. Nikhilesh Krishnan and
                                                        Mr. Abhishek Bhushan Singh, Advs.
                                                        with Mr. Rakesh Kumar.

                                    CORAM:
                                    HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                                 ORDER

% 15.09.2022 I.A. 15115/2022 Exemption allowed subject to all just exceptions. Application stands disposed of.

1. This petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to adjudicate the disputes with the respondent.

2. Mr. Nikhilesh Krishnan, learned counsel appearing for the respondent states, with regard to same contract, the parties have been referred to the arbitration process by this Court vide order dated June 1, 2021 in an Arb. Pet. No. 521/2021 by appointing Justice Madan B. Lokur (Retd.) as sole Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.09.2022 15:35:01 Arbitrator. He states, he has instructions to state that the respondent is agreeable for adjudication of the disputes in this case as well by Justice Madan B. Lokur (Retd.). He also states that the right of the respondent to urge all pleas both on facts and in law be left open.

3. Learned counsel for the petitioner is agreeable to the submissions made by Mr. Krishnan with regard to the appointment of Justice Madan B. Lokur (Retd.) as the Sole Arbitrator for adjudicating the disputes which have arisen in this case.

4. Noting the above submissions, the petition is allowed. Justice Madan B. Lokur (Retd.) (Mobile No. 9868219007) former Judge of the Supreme Court is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

6. The learned Arbitrator shall conduct the arbitration under the aegis of the Delhi International Arbitration Centre (DIAC). The fee of the learned Arbitrator shall be in terms of the Rules of the DIAC. The learned Arbitrator shall also give his disclosure under Section 12 of the Arbitration and Conciliation Act. All the pleas of the parties both on facts and in law are left open to be decided by the learned Arbitrator.

7. The petition stands disposed of.

8. A copy of this order be sent to the learned Arbitrator.

V. KAMESWAR RAO, J SEPTEMBER 15, 2022/jg Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:17.09.2022 15:35:01