Trading Engineers ... vs Gamainfrapop (P) Ltd.
2017 Latest Caselaw 3437 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Judgment delivered on: 19.07.2017

+       ARB.P. 308/2017
TRADING ENGINEERS (INTERNATIONAL)
LIMITED                                                    ..... Petitioner
                               versus

GAMAINFRAPOP (P) LTD.                                    ..... Respondent


Advocates who appeared in this case:

For the Petitioner         : Mr. Dhanesh Relan and Mr. Harshit, Advs.


For the Respondents        : Mr. Rajat Sehgal, Adv.


CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. By this petition under Section 11 of the Arbitration &

Conciliation Act, 1996, the petitioner seeks appointment of a

Presiding Arbitrator to adjudicate the disputes between the parties.

2. Learned counsel for the respondent submits that, without

prejudice to the defence of the respondent, he has no objection to the

appointment of an Arbitrator by this court to adjudicate the disputes

between the parties.

3. Learned counsels for the parties submit that since the value of

the claim may not be substantial, it may be expedient to appoint a Sole

Arbitrator. Learned counsels for the parties submit that instead of

three member tribunal, they are agreeable that the disputes be referred

to a Sole Arbitrator.

4. Learned counsels for the parties have consented to the

appointment of Mr. Justice V.S. Aggarwal (Retd.), former Judge of

this court to be appointed as the Sole Arbitrator.

5. Accordingly, Mr. Justice V.S. Aggarwal (Retd.), former Judge

of this court, (Mobile No.9891175550) resident of C-52, Soami

Nagar (North), New Delhi is appointed as the Sole Arbitrator to

adjudicate the disputes between the parties. This is subject to the

Arbitrator making the necessary disclosure under Section 12 of the

Act of not being ineligible under Section 12(5) of the Act.

6. The Arbitrator shall examine the claims of the petitioner and the

counter claims, if any of the respondents.

7. The Arbitrator shall fix his fee in consultation with learned

counsel for the parties.

8. The parties are at liberty to approach the learned Arbitrator for

elucidating the necessary disclosures and for further proceedings.

9. The petition is accordingly disposed of.

10. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 19, 2017 'rs'