Delhi High Court
M/S True Blaze Clothing vs Anuj Tyagi on 18 May, 2016
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Order delivered on: 18th May, 2016
+ O.M.P. (T) No. 44/2015
M/S TRUE BLAZE CLOTHING ...... Petitioner
Through Mr. Rajesh Kumar, Adv.
versus
ANUJ TYAGI ..... Respondent
Through Ms. Priyanka Kathuria with
Mr.Sahil Mahajan, Advs.
CORAM:
HON'BLE MR.JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J.
1. The petitioner has filed the petition under Section 15 of the
Arbitration and Conciliation Act, 1996 for appointment of a substitute sole
arbitrator to decide the counter claim of the petitioner and claim of the
respondent as per Memorandum of Understanding dated 2 nd April, 2012
executed between the parties.
2. By order dated 24th April, 2014 this Court appointed Ms. Ragini
Ahuja as sole Arbitrator in Arb.P. No. 138/2014 which reads as under:-
"Learned counsel for the respondent appears and states that he
has no objection to this court appointing an independent and
sole arbitrator to resolve the disputes between the parties
arising out of their MOU dated 02.04.2012. The said agreement
contains an arbitration clause in clause 9, which provides that
in case disputes arose, which the parties are not able to resolve
through negotiation within 30 days, the same shall be referred
to a sole arbitrator to be mutually appointed by the parties. The
petitioner invoked the arbitration agreement on 10.05.2013.
However, the parties have not been able to appoint an arbitrator
mutually.
Accordingly, this petition is allowed. I appoint
Ms.Ragini Ahuja, Adv., Mobile No.9871026252, as the sole
arbitrator to adjudicate the disputes between the parties arising
out of the aforesaid agreement. The parties agree that the fees
of the learned arbitrator shall be paid in accordance with the
schedule of fees prescribed by the Delhi International
Arbitration Centre to be equally shared by the parties. Neither
party shall seek nor be granted any undue adjournment by the
learned arbitrator. The learned arbitrator shall render the award
without any delay.
The parties shall appear before the learned arbitrator
on 08.05.2014 at 4:30 p.m.
Petition stands disposed of.
A copy of this order be communicated to the learned
arbitrator."
3. First meeting regarding proceeding was conducted on 8th May, 2014
wherein the Arbitrator directed the parties to file the claim within 3 weeks
and replication thereafter. The respondent filed its claim and reply on 6 th
August, 2014 and 15th October, 2014 respectively and no replication was
filed by the respondent. On 5th June, 2015 the petitioner filed its counter
claim and sought time to file supporting documents and reply by the
respondent.
4. Thereafter, the counsel for the petitioner was informed by the
Arbitrator by e-mail dated 7th August, 2015 that she was withdrawing
herself since she was going out of country in September and would not be
able to conduct arbitration proceedings. Hence, the present petition has
been filed.
5. Both parties have given their consent in this regard. They also
agreed that all the objections raised by any party would be considered by
the sole Arbitrator as per its own merit who would continue the
proceedings at the stage left by the earlier sole Arbitrator. The terms and
conditions would remain the same. Ordered accordingly.
6. Accordingly, Justice P.K. Bhasin (Retd. Judge of this Court) (Mob.
No.9871300032) is appointed as substitute sole Arbitrator to adjudicate
the disputes arising out of the agreements in question between the parties.
7. Counsel for the petitioner is agreeable to take the file of the
arbitration proceeding from the earlier sole Arbitrator and shall hand over
the same to the new Arbitrator. Ordered accordingly.
8. The petitions are accordingly disposed of.
9. Copy of this order be given dasti to the learned counsel for the
parties and a copy thereof be delivered to the learned Arbitrator.
(MANMOHAN SINGH)
JUDGE
MAY 18, 2016
