High CourtsSingle Bench

M/S Techno Power Enterprises Pvt. Ltd vs National Collateral Management Services Ltd. (NCML)

Delhi High Court · Decided on 4 December 2019 · Citation: (2019) 12 DEL CK 0024

HON’BLE JUDGES
Jyoti Singh, J
ACTS & SECTIONS REFERRED
Arbitration And Conciliation Act,1996 — Section 12
RESULT
Allowed
CASE NUMBER
Original Miscellaneous Petition (T) (COMM.) No. 89 Of 2019, Miscellaneous Application No. 14559 Of 2019
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Judgment

17 paragraphs · 289 words

Jyoti Singh, J

1.

An Arbitration Agreement dated 20.04.2014 was entered into between the parties which reads as under:-

"38. Arbitration

(a) In the event of any dispute or controversy between the Parties to this agreement in connection with the rights and obligation hereunder, the parties shall first endeavour to co-operate to resolve the dispute or controversy by mutual consultation and agreement.

(b) In the event that the dispute or event is not resolved by mutual consultation, the same shall be referred of Arbitration. Both parties shall agree for the appointment of a sole arbitrator and in case the parties fail to appoint an arbitrator of their choice, each party shall appoint one arbitrator and the chosen arbitrators if deemed fit shall appoint a third arbitrator.

(c) Such arbitration shall be governed under the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereof for the time being in force. The venue of the Arbitration shall be Delhi."

2.

Learned counsel for the respondent submits on instructions from the respondent that he has no objection to appointment of a Sole Arbitrator.

3.

With the consent of the parties, Mr. Justice M.L. Mehta, former Judge of this court is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

4.

The address and mobile number of the learned Arbitrator is as under:

Mr. Justice M.L. Mehta

Former Judge of Delhi High Court

H-34, Jangpura Extension,

New Delhi-110014

Mobile No. 9910384620

5.

The learned Arbitrator shall give disclosure under Section 12 of the Act before entering upon reference.

6.

Fee of the Arbitrator shall be fixed as per Fourth Schedule of the Act.

7.

The petition is allowed in the aforesaid terms. Pending application is disposed of.