Kul Bhushan Ahuja vs Lakshay Sachdeva & Ors
2015 Latest Caselaw 4143 Del

$~8.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 404/2015 & IA No. 3151/2015
       KUL BHUSHAN AHUJA                         ..... Plaintiff
                     Through: Mr.Arun Sukhija, Advocate

                        versus

       LAKSHAY SACHDEVA & ORS.                     ..... Defendants
                     Through: Mr. Kirti Uppal, Sr.Advocate with
                     Mr.Satish Sharma, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 22.05.2015

IA No.3992/2015(by the plaintiff u/S 151 CPC for directions)

1. The present application has been filed by the plaintiff stating

inter alia that there is an arbitration clause contained in the

Collaboration Agreement dated 22.9.2010, where the name of the

Arbitrator has been left blank. Learned counsel for the plaintiff submits

that in view of the said clause, the court may exercise its powers

under Section 8 of the Arbitration and Conciliation Act, 1996, and

appoint an Arbitrator to adjudicate the disputes between the parties,

subject matter of the said Collaboration Agreement. Clause 13 of the

Collaboration Agreement executed by the parties is reproduced

hereinbelow:

"13: Arbitration clause: That both the parties mutually

agree that in case of any dispute or differences arising between the parties regarding the terms and conditions of the said agreement referred to above, the same shall be referred to_______________________ who will decide the dispute and whose decision shall be final and binding on both the parties."

2. Notice was issued on this application on 9.3.2015, returnable on

13.5.2015. Reply to the application has been filed by the defendants.

3. Mr.Uppal, learned Senior Advocate appearing for the defendants

states that his clients have no objection to the disputes, subject

matter of the present suit being referred to an Arbitral Tribunal on the

condition that the defendant's counter claims, may also be referred for

adjudication to the same Arbitral Tribunal.

4. Counsels for the parties jointly state that they do not have any

objection if a retired Judge of this High Court is appointed as an

Arbitrator to adjudicate the disputes between the parties.

5. Accordingly, the present application is allowed. Justice

P.K. Bhasin (Retd.) (Mobile No.9871300032) is appointed as a Sole

Arbitrator to adjudicate upon the disputes between the parties,

including their claims and counter claims. The arbitration shall take

place under the aegis of the Delhi International Arbitration Centre

(DAC). The fees of the learned Arbitrator will be in terms of the Delhi

International Arbitration Centre Arbitration Proceedings (Arbitrators'

Fees) Rules. The parties shall be at liberty to file their claims/counter

claims before the Arbitrator for adjudication, in accordance with law.

Needless to state that this court has not expressed its opinion on the

relative merits/ demerits of the case.

6. The application is disposed of.

A copy of this order shall be communicated forthwith to the

learned Arbitrator and the Additional Co-ordinator, DAC for

information.

CS(OS) 404/2015 & IA No. 3151/2015 In view of the orders passed in IA No.3992/2015, nothing

survives for adjudication in the present suit, which is accordingly

disposed of, along with pending application.

HIMA KOHLI, J MAY 22, 2015 mk/ap