Amit Arora vs Dlf Home Developers Ltd
2021 Latest Caselaw 2266 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                                Date of decision: 23.08.2021
+      O.M.P. (T) (COMM.) 81/2021
       AMIT ARORA                                         ..... Petitioner
                          Through      Mr. Chinmoy Pradip Sharma, Senior
                                       Advocate with Mr. Shailesh Kumar
                                       Sinha, Advocate
                          Versus

       DLF HOME DEVELOPERS LTD.              ..... Respondent
                    Through Ms. Deveshi Mishra & Ms. Anjali
                            Dwivedi, Advocates

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (oral)

The hearing has been conducted through video conferencing. I.A. 10532/2021(exemption)

1. Allowed subject to all just exceptions.

2. Application is disposed of.

I.A. 10533/2021(exemption)

3. Exemption is allowed with direction to file requisite affidavits within

four weeks of this Court resuming normal functioning.

4. Application is disposed of.

O.M.P. (T) (COMM.) 81/2021

5. The present petition has been preferred by the petitioner under the

provisions of Section 14 r/w Section 15(2) of the Arbitration and

Conciliation Act, 1996 seeking appointment of an Arbitrator under

substitution.

6. Notice issued.

7. Ms. Deveshi Mishra, Advocate, accepts notice on behalf of

respondent.

8. Learned counsel for petitioner submits that in respect of Unit No.

CGW- 242, Phase -III, DLF Capital Greens and in terms of Clause- 55 of

Apartment Buyer's Agreement No. 149 dated 01.04.2011, to adjudicate the

disputes and differences between the parties, arbitration proceedings were

conducted by Justice (Retd.) Anil Kumar, however, after His demise, a new

Arbitrator has to be appointed.

9. Learned counsel for respondent submits that after demise of Justice

(Retd.) Anil Kumar, appointment of a substituted Arbitrator has to be made

and so, there is no objection to this petition.

10. Learned counsel for petitioner further submits that three names for

appointment of sole Arbitrator have been proposed to the respondent.

11. Learned counsel for respondent submits out of the three proposed

names, Justice (Retd.) Manmohan Singh be appointed as Arbitrator in this

case.

12. In view of the above, the present petition is allowed. Accordingly,

Justice (Retd.) Manmohan Singh is appointed the Sole Arbitrator to

adjudicate the dispute between the parties.

13. This Court is informed that the arbitration has reached at the stage of

final arguments and so, the fee of the learned Arbitrator is fixed at

Rs.4,00,000/- (Rupees Four Lacs only) in this case.

14. The learned Arbitrator shall ensure compliance of Section 12 of

Arbitration and Conciliation Act, 1996 before commencing the arbitration.

15. With aforesaid directions, the present petition is accordingly disposed

of.

(SURESH KUMAR KAIT) JUDGE AUGUST 23, 2021 r