Delhi High Court - Orders
Priyanka Taksh Sood & Ors vs Sunworld Residency Pvt. Ltd. & Anr on 12 July, 2022
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 868/2021
PRIYANKA TAKSH SOOD & ORS.
..... Petitioner
Through: Ms. Mrinalini Sen and Mr. Tanmay
Yadav, Advocates.
versus
SUNWORLD RESIDENCY PVT. LTD. & ANR.
..... Respondents
Through: None.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 12.07.2022 I.A.10486/2022 (Seeking appointment of Substitute Arbitrator)
1. An application has been filed on behalf of the petitioner, wherein it is submitted that this Court vide judgement dated 19 th April, 2022 had appointed Mr. Ashwani Kumar Mata, learned Senior Advocate as Sole Arbitrator. However, an email dated 18th May, 2022 has been received from the learned Sole Arbitrator along with the Disclosure Statement in terms of Section 12(1) and 12(5) of the Arbitration & Conciliation Act, 1996, (hereinafter referred to as A&C Act), wherein it is submitted that he has been representing an advisory work on behalf of ICICI Bank which is one of the party to the Arbitration.
2. In these circumstances a request is made that the learned Arbitrator be substituted in exercise of powers under Section 14(1)(a) of the Arbitration & Signature Not Verified Signed By:NIRMLA TIWARI Signing Date:01.08.2022 17:15:38 Conciliation Act, 1996.
3. In view of the submissions made, Mr. Arjun Dewan, Advocate (Mobile No.9810700027) is appointed as Sole Arbitrator to adjudicate the disputes that are stated to have arisen between the parties out of the Flat Buyer Agreement and the Supplementary Agreement, both dated 27th July, 2015.
4. The parties are directed to appear before the Sole Arbitrator as and when notified. This is subject to the Arbitrator making necessary disclosure(s) under Section 12(1) of the A&C Act and not being ineligible under Section 12(5) of the A&C Act.
5. The Arbitrator appointed by the Court shall fix their fee in consultation with counsel for the parties.
6. It is clarified that the Court has not examined any of the claims in dispute, and all rights and contentions of the parties, on merits, are left open. The parties shall be free to raise their claims/ counter-claims before the Arbitrator in accordance with law.
7. With the consent of the parties, the Arbitrator shall conduct the arbitration proceedings under the aegis of Delhi International Arbitration Centre, and in accordance with its Rules.
8. The application is disposed of in the above terms.
NEENA BANSAL KRISHNA, J JULY 12, 2022 va Signature Not Verified Signed By:NIRMLA TIWARI Signing Date:01.08.2022 17:15:38