Afcons Infrastructure Limited Having ... vs Ircon International Limited Having Its ... on 1 November, 2022

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Delhi High Court - Orders

Afcons Infrastructure Limited Having ... vs Ircon International Limited Having Its ... on 1 November, 2022

$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 890/2022
AFCONS INFRASTRUCTURE LIMITED
Having its registered office at:
Afcons House, 16, Shah Industrial Estate,
Veera Desai Road, Azad Nagar,
P.O. Post Box No. 11978, Andheri (W),
Mumbai-400053. ..... Petitioner
Through: Mr. Rajeev Sharma, Sr. Advocate
with Mr. Abhishek Bithray, Ms.
Shreya Sharma & Mr. Tanmay Nandi,
Advocates.
versus

IRCON INTERNATIONAL LIMITED
Having its registered office at:
Plot C-4, District Centre,
Saket, New Delhi - 110017. ..... Respondent
Through: Mr. Sidhant Goel, Mr. Mohit Goel,
Mr. Tejaswa N. & Mr. Karmaya Dev
Sharma, Advocates.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER

% 01.11.2022 I.A. 12000/2022 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

ARB.P. 890/2022

1. The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 has been filed on behalf of the petitioner with the Signature Not Verified Digitally Signed By:PRIYANKA ANEJA Signing Date:02.11.2022 16:15:06 prayer that the Arbitrator preferably from technical engineering background or any other person may be appointed as the nominee Arbitrator of the respondent.

2. Learned counsel on behalf of the respondent has submitted that the nominee Arbitrator Shri Pradeep Kumar Gupta nominated by the petitioner is acceptable to the respondent, but it has also nominated the nominee of its own i.e., B.P. Khare as its nominee Arbitrator which is acceptable to the petitioner.

3. It is further agreed by the counsel for the parties that the Presiding Arbitrator shall be nominated by the respective nominee Arbitrators of the parties.

4. In view of the submissions made, Shri B.P. Khare, General Manager (Retd.), is hereby appointed as the nominee Arbitrator on behalf of the respondent, while the nominee Arbitrator Shri Pradeep Kumar Gupta, former Special Director General, CPWD, shall be the nominee Arbitrator on behalf of the petitioner.

5. It is directed that two Arbitrators shall appoint the Presiding Arbitrator. The appointment is without prejudice to the rights and contentions of the parties and the parties are liberty to raise objections and contentions regarding the validity of the Arbitration Agreement.

6. Accordingly, the petition is disposed of in the above terms.

NEENA BANSAL KRISHNA, J NOVEMBER 1, 2022 S.Sharma Signature Not Verified Digitally Signed By:PRIYANKA ANEJA Signing Date:02.11.2022 16:15:06

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Delhi High Court - Orders