Delhi High Court
Durga Kumari vs Ace Town Planners Pvt Ltd. on 31 July, 2017
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 31.07.2017
+ ARB.P. 371/2017
DURGA KUMARI ..... Petitioner
versus
ACE TOWN PLANNERS PVT LTD. ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Deepak Dhingra with Mr. Sumit Kumar Vats,
Advocates.
For the Respondent : None.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
31.07.2017
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioner by this petition, under Section 11 of the
Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the
Act'), seeks appointment of an Arbitrator.
2. The petitioner seeks appointment of sole arbitrator in terms of
the Arbitration Clause contained in the agreement titled as
'Application for Subscription as an Investor for Provisional
Registration of Plot in the Project Known as Celebrity City, Jaipur'.
3. The petitioner had booked a farm house at the Celebrity City,
Jaipur with the respondent. The arbitration clause, as agreed to
between the parties, reads as under:-
"I/We further understand that all matters in dispute
between the parties arising out of these presents shall be
referred to the arbitration of a Sole Arbitrator to be
appointed jointly by the ACE Town Planners Pvt. Ltd. and
investor. If the ACE Town Planners Pvt. Ltd. and investor
fails to appoint the Sole Arbitrator within thirty days from
the receipt of a request to do so from the other party, the
appointment shall be made as per the provisions of the
Arbitration & Conciliation Act, 1996. It is also understand
that the award of the Arbitrator shall be final and binding
upon the parties. The provisions of the Arbitration and
Conciliation Act, 1996 and all statutory modifications
thereof for the time being in force shall apply to such
arbitration which shall be held in Delhi.
The Sole Arbitrator shall have power to open up, review
and revise any certificate, opinion, decision, requisition or
notice and any matter required in his opinion, save in
regard to excepted matters referred as above and to
determine all matters in dispute which shall be submitted
for arbitration.
In case, during the arbitration proceedings the parties
mutually settle/compromise or compound their dispute or
difference, the reference to arbitration and the appointment
of the Arbitrator shall deem to have been revoked and the
arbitration proceedings shall stand withdrawn or
terminated, with effect from the date on which the parties
file a joint memorandum of settlement thereof, with the
Arbitrator."
4. Notice invoking arbitration was sent by the petitioner on
13.02.2017. On failure of the respondents to concur in appointment of
the sole arbitrator, the present petition has been filed.
5. Notice was directed to be issued to the respondent. Notice has
been served. However, none appears for the respondent despite the
matter being passed over in the morning.
6. Since the respondent has failed to concur in the appointment of
the sole arbitrator and has even failed to appear in the present petition
despite being served, it is a fit case for appointment of a sole arbitrator
under Section 11 of the Act.
7. Accordingly, keeping in view the nature of the disputes, Mr.
Ishaan Madaan, Advocate (Mobile # 9999730312) 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 not being ineligible under Section 12(5) of the Act.
8. The Arbitral Tribunal shall examine the claims of the petitioner
and the counter claims, if any of the respondents.
9. The Arbitrator shall fix his fee in consultation with learned
counsel for the parties.
10. The parties are at liberty to approach the learned Arbitrator for
elucidating the necessary disclosures and for further proceedings.
11. The petition is accordingly disposed of.
12. Order Dasti under signatures of the Court Master.
JULY 31, 2017 SANJEEV SACHDEVA, J
st
