Indian Farmers Fertiliser ... vs Anand Commercial Company & Anr.
2017 Latest Caselaw 5371 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Judgment delivered on: 22.09.2017

+       ARB.P. 512/2017
INDIAN FARMERS FERTILISER COOPERATIVE
LTD. (IFFCO)                        ..... Petitioner

                     versus

ANAND COMMERCIAL COMPANY & ANR.                             ..... Respondents

Advocates who appeared in this case:

For the Petitioner            : Mr. Rajiv Bansal, Sr. Adv. with Ms. Arpita,
                                Ms. Vasudha Trivedi and Ms. Kanika Singhal,
                                Advocates

For the Respondent            : Mr. Rohit Singh, Advocate


CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner by this petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') seeks appointment of a Sole Arbitrator to adjudicate the disputes between the parties.

2. It is contended that by order dated 07.11.2014 Justice S.K. Mahajan, former Judge, Delhi High Court was appointed as the Sole

Arbitrator to adjudicate the disputes between the parties. It is further contended that Justice S.K. Mahajan has since passed away and a substitute Arbitrator needs to be appointed.

3. Accordingly, with the consent of parties Mr. Rajiv Virmani, Senior Advocate, (Mobile No.9810049143) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

4. The Arbitrator shall continue the proceedings from the stage they had reached prior to demise of the erstwhile Arbitrator.

5. Apart from administrative expenses, a fee of Rs.50,000/- (Rupees Fifty Thousand Only) per sitting shall be paid to the arbitrator. The fee of the arbitrator shall be shared equally by the parties.

6. The parties are given liberty to obtain the original record for the purposes of onward transmission to the Arbitrator.

7. The petition is disposed of in above terms.

8. Order Dasti under the signatures of Court Master.

SANJEEV SACHDEVA, J SEPTEMBER 22, 2017 nn