Trent Limited vs Anant Raj Projects Limited

C. Hari Shankar, J

By consent, the present petition is disposed of in the following terms:

(i) Hon’ble Mr. Justice Badar Durrez Ahmed, an eminent retired Chief Justice of High Court of Jammu & Kashmir, who also adorned the Bench

of this Court, is appointed as arbitrator to arbitrate on the disputes between the parties. The fees of the learned arbitrator would be fixed in

consultation with the parties. The contact details of the learned arbitrator are as under:

A-14, Friends Colony West,

Mathura Road,

New Delhi-110 065

Phone No.7042205786

Email ID: badardurrez@gmail.com

(ii) The parties are directed to contact the learned Arbitrator within one week of being communicated a copy of this order by the Registry of this

Court by e-mail. The learned Arbitrator would furnish the requisite disclosure under Section 12(2) of the Arbitration and Conciliation Act, 1996

(hereinafter referred to as “the 1996 Actâ€​) within one week of entering on the reference.

(iii) The present petition (O.M.P.(I) (COMM.) 354/2020) shall be treated as an application under Section 17 of the 1996 Act and shall be decided by

the learned Arbitrator in accordance with law. The petitioner is directed to file the present petition before the learned Arbitrator, as an application

under Section 17, within a week of the learned Arbitrator entering on the reference. The entire record of this case, including the reply of the

respondent and the documents which are on record, may be taken into consideration by the learned Arbitrator, while arbitrating on this petition.

(iv) The ad interim directions contained in the order dated 23rd October, 2020, passed by this Court in the present proceedings, shall continue to

remain in force pending and subject to the outcome of the decision of the learned Arbitrator, on the present petition, treating it as an application under

Section 17.

(v) The learned Arbitrator would decide the application uninfluenced by any of the observations contained in the order dated 23rd October, 2020, as

they were only intended to consider the prayer for ad interim relief, pending consideration of the Section 9 petition.

With the aforesaid observations, this petition stands disposed of.

Pending applications also stand disposed of.