High CourtsSingle Bench

Kamal Enterprise vs Hero Motocorp Ltd.

Delhi High Court · Decided on 21 April 2022 · Citation: (2022) 04 DEL CK 0170

HON’BLE JUDGES
Sanjeev Sachdeva, J
ACTS & SECTIONS REFERRED
Arbitration And Conciliation Act, 1996 — Section 12
RESULT
Disposed Of
CASE NUMBER
Arbitration Petition No. 310 Of 2022
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

8 paragraphs · 182 words

Sanjeev Sachdeva, J

1.

Petitioner seeks appointment of an Arbitral Tribunal in terms of clause 23.16 contained in the Dealership Agreement dated 25.02.2018.

2.

Learned counsel for the respondent submits that without prejudice, respondent has no objection to reference to arbitration.

3.

Learned counsel appearing for the parties submit that though the dispute stipulates that reference shall be to a panel of three arbitrators, however, they pray that a sole Arbitral Tribunal be constituted to adjudicate the disputes between the parties.

4.

Accordingly, with the consent of parties Mr. Justice Jayant Nath (Retd), former judge of this court (+91 8527959494) is appointed as the sole Arbitral Tribunal to adjudicate the dispute between the parties.  The Arbitral tribunal shall entertain the claims and counter claims, if any, between the parties.

2.

The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.

3.

Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

4.

Petition is disposed of in the above terms.