Smt.Chanchal Kumar & Ors. vs M/S North West Sales & Marketing ...
2019 Latest Caselaw 5397 Del

$~18
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                               Date of decision: 5th November, 2019

+     O.M.P.(I) (COMM.) 227/2019
      SMT.CHANCHAL KUMAR & ORS.                     ..... Petitioners
                     Through     Mr. Fanish K. Jain and Mr.
                                 Deepanshu Garg, Advocates.
                     versus
      M/S NORTH WEST SALES & MARKETING
      LIMITED                                       ..... Respondent
                     Through     Mr. Ramesh Singh, Ms. Monisha
                                 Handa and Mr. Mohit D. Ram,
                                 Advocates.
      CORAM:
      HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

1. Mr. Ramesh Singh, learned counsel for the respondent, on instructions from the respondent, states that the Arbitrator be appointed by the Court to adjudicate the disputes between the parties.

2. With the consent of the parties, Hon'ble Mr. Justice R.S. Sodhi (Retd.), a former Judge of this Court, is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

3. The address and mobile number of the Sole Arbitrator is as under:

Hon'ble Mr. Justice R.S. Sodhi (Retd.) C-1/40, Safdarjung Development Area, New Delhi-110016.

Mob. - 9818000280.

4. The learned Arbitrator shall give disclosure under Section 12 of the Act before entering upon reference.

5. Fee of the Arbitrator shall be fixed as per Fourth Schedule of the Act.

6. Vide order dated 22nd July, 2019, this Court had restrained the respondent from creating any third party interest in the property bearing No. 40, Block-A, Community Centre, Paschim Puri, Delhi-110063.

7. Learned counsel for the petitioners submits that he will file the necessary application under Section 17 of the Arbitration and Conciliation Act, 1996 before the Arbitral Tribunal.

8. It is hereby directed that till the Arbitrator considers the said application, the interim order dated 22nd July, 2019 shall continue.

9. It is open to the Arbitrator after considering the application under Section 17 of the Act to continue, modify, vary or vacate the said order passed by this Court.

10. The petitioners are at liberty to file an application for variation/ modification of this order. Respondent is at liberty to file an application for vacation/modification.

11. Petition is disposed of in the aforesaid terms.

JYOTI SINGH, J

NOVEMBER 05, 2019 yo/