Delhi High Court - Orders
Master Hiren Goel & Anr vs M/S Bdr Builders And Developers Pvt ... on 22 September, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (T) (COMM.) 96/2021, I.A. Nos. 12374/2021 & 12375/2021
MASTER HIREN GOEL & ANR. ..... Petitioners
Through: Mr. Mukul Talwar, Senior Advocate
with Mr. Aman Bhalla, Mr. Aman
Tehlan & Ms. Pallavi Saigal,
Advocates.
versus
M/S BDR BUILDERS AND DEVELOPERS PVT LIMITED & ORS.
..... Respondents
Through: Mr. Sanjay Goswami, Advocate.
Mr. R.S. Sahni, Advocate for R-2 to
R-4.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 22.09.2021
1. The present petition under Section 14(2) r/w Section 15 of the Arbitration and Conciliation Act, 1996 [hereinafter, 'the Act'] seeks termination of the mandate of the Arbitral Tribunal. The contention of the Petitioner is that the appointment of the Arbitrator, has been done unilaterally by the Respondents, which is in contravention of the law as explained by the Supreme Court in Perkins Eastman Architects DPC v. HSCC (India) Ltd.1
2. It is noticed that the proceedings are at advanced stage. Mr. Sanjay Goswami, counsel for the Respondent states that he would like to file a short Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:23.09.2021 18:13 reply to the present petition and place on record certain judgments of the Supreme Court subsequent to Perkins (supra) which would be relevant for the purpose of deciding the present petition. Let reply be filed within one week from today. Rejoinder thereto, if any, be filed within one week thereafter.
3. Re-notify on 11th October, 2021.
4. In the meantime, Mr. Goswami states that he will request for an adjournment on the next date of hearing listed before the learned Arbitrator i.e., 27th September, 2021. The learned Arbitrator is requested to fix the next date after 11th October 2021.
SANJEEV NARULA, J SEPTEMBER 22, 2021 nd 1 AIR 2020 SC 59.
Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:23.09.2021 18:13