Aristoplast Products Private ... vs Energy Efficiency Services ...
2021 Latest Caselaw 3060 Del

                          $~30 (original)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      ARB.P. 1094/2021 & I.A.14694/2021, I.A.14695/2021
                                 ARISTOPLAST PRODUCTS PRIVATE LIMITED
                                                                           ..... Petitioner
                                              Through: Mr.Pranav Vyas, Mr. Manhar
                                              Singh Saini and Ms. Sumedha Chadha, Advs.

                                                    versus

                                 ENERGY EFFICIENCY SERVICES LIMITED..... Respondent
                                               Through: Mr. Vishal Arun, Adv.

                                 CORAM:
                                 HON'BLE MR. JUSTICE C. HARI SHANKAR
                                             O R D E R (O R A L)

% 12.11.2021 (Video-Conferencing)

1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator on behalf of the respondent. The arbitration clause, in the agreement between the parties, envisages arbitration by a three member arbitral tribunal. The petitioner contends that, having appointed Hon'ble Mr. Justice R.C. Chopra, a Retired Judge of this Court, as its Arbitrator and intimated the respondent accordingly, the respondent failed to appoint its arbitrator within the period of 42 days envisaged by Clause 6.2.6 of the agreement between the parties, the right of the respondent to appoint its arbitrator stands forfeited and this Court would have to appoint the respondent's arbitrator.

Signature Not Verified

By:SUNIL SINGH NEGI Signing Date:15.11.2021 17:01:19

2. Mr. Vishal Arun, learned Counsel for the respondent has no objection, but suggests that the matter may be referred to the Delhi International Arbitration Centre (DIAC) to appoint the respondent's arbitrator.

3. Accordingly, the present matter is referred to the Delhi International Arbitration Centre (DIAC) to appoint an arbitrator on behalf of the respondent. The two learned Arbitrators would, thereafter, proceed to appoint the presiding Arbitrator so that the arbitral tribunal would be constituted and the arbitral proceedings could take off. The DIAC is requested to make the appointment as expeditiously as possible.

4. With the aforesaid observations, this petition alongwith pending applications stands disposed of.

C. HARI SHANKAR, J NOVEMBER 12, 2021/kr

Signature Not Verified

By:SUNIL SINGH NEGI Signing Date:15.11.2021 17:01:19