Gtl Infrastructure Limited vs Atc Telecom Infrastructure Pvt. ...
2019 Latest Caselaw 5120 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Date of decision: 22.10.2019

+     ARB.P. 563/2019, I.A. Nos. 13284/2019, 14770/2019

      GTL INFRASTRUCTURE LIMITED                            ..... Petitioner

                         Through      Ms. Shyel Trehan and Mr. Aman
                                      Shukla, Advocates.

                         versus

      ATC TELECOM INFRASTRUCTURE PVT. LTD. ..... Respondent

                         Through      Mr. Raj Shekhar Rao, Mr. Anandh
                                      Venkataramani, Mr. Abhijit Mittal
                                      and Ms. Nandini Aishwarya,
                                      Advocates.

      CORAM:
      HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

1. Learned counsel for the respondent submits on instructions from the respondent that he has no objection to the appointment of an Arbitrator. He, however, submits that instead of three member Arbitral Tribunal, a Sole Arbitrator be appointed by this Court. Learned counsel for the petitioner agrees to the appointment of a Sole Arbitrator.

2. Both the parties suggest the name of Hon'ble Mr. Justice Manmohan Singh, former Judge of this court to be appointed as a Sole Arbitrator in the matter.

3. With the consent of the parties, Hon'ble Mr. Justice Manmohan Singh, former Judge of this court is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

4. The address and mobile number of the learned Arbitrator is as under:

Hon'ble Mr. Justice Manmohan Singh, Former Judge of Delhi High Court, AB-13, Pandara Road, New Delhi-110003 Mobile: 9717495001

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

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

7. Learned counsel for the respondent submits that his contention that the claims are time barred may be kept open. The contention of the respondent with respect to the claim being time barred is kept open.

8. It will open to the respondent to raise counter claims, if any, before the Sole Arbitrator.

9. The petition is disposed of along with the pending applications in the aforesaid terms.

JYOTI SINGH, J

OCTOBER 22, 2019 Yo/