M/S Design Associates Inc A ... vs Employee State Insurance ...
2021 Latest Caselaw 3117 Del

                          $~7 & 8 (original)
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    ARB.P. 573/2021 & I.A.7786/2021

                                 M/S DESIGN ASSOCIATES INC A PARTNERSHIP FIRM
                                 THROUGH PARTNER MR SUMERE DAS          ..... Petitioner
                                              Through: Mr. Raj Shekhar Rao, Sr. Adv.
                                              with Mr. Arjun Dewan, Mr. Arjun
                                              Mukherjee and Mr. Akash Arora, Advs.
                                                       versus
                                 EMPLOYEE STATE INSURANCE CORPORATION
                                 THROUGH ITS NOMINATED COUNSEL ..... Respondent
                                              Through: Mr. S.Wasim A. Qadri, Sr.
                                              Adv. with Mr. V.K. Singh, Ms. Prachi
                                              Singh, Mr. Sourav Kumar and Mr. Saeeed
                                              Qadri, Advs.

                          +      ARB.P. 574/2021 & I.A.7792/2021

                                 M/S DESIGN ASSOCIATES INC A PARTNERSHIP FIRM
                                 THROUGH PARTNER MR SUMERE DAS            ..... Petitioner
                                              Through: Mr. Raj Shekhar Rao, Sr. Adv.
                                              with Mr. Arjun Dewan, Mr. Arjun
                                              Mukherjee and Mr. Akash Arora, Advs.
                                                       versus
                                 EMPLOYEE STATE INSURANCE CORPORATION
                                 THROUGH ITS NOMINATED COUNSEL ..... Respondent
                                              Through: Mr. S.Wasim A. Qadri, Sr.
                                              Adv. with Mr. V.K. Singh, Ms.Prachi Singh,
                                              Mr. Sourav Kumar and Mr. Saeeed Qadri,
                                              Advs.
                                 CORAM:
                                 HON'BLE MR. JUSTICE C. HARI SHANKAR

                                                 O R D E R (O R A L)

% 17.11.2021

1. Learned Senior Counsel for parties are, ad idem, agreeable to

Signature Not Verified the disputes in these two petitions being referred to an arbitrator

By:SUNIL SINGH NEGI Signing Date:20.11.2021 19:31:29 appointed by the Court, keeping all contentions including maintainability, arbitrability and merits of the dispute open for arguments before the learned Arbitral Tribunal.

2. In view thereof, the necessity of entering into the facts of the case is obviated.

3. The total claim in both these matters put together is stated to be in the region of about ₹ 12 crores.

4. Accordingly, the Court appoints Hon'ble Mr. Justice V.K. Shali (Retd.), a former judge of this Court [Phone No.971749500; e-mail ID: [email protected]], as the arbitrator to arbitrate on the dispute between the parties. The learned arbitrator shall be entitled to charge fees in accordance with the Fourth Schedule to the Arbitration & Conciliation Act, 1996. The learned Arbitrator would file the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on reference. All rights and contentions of the parties are kept open for agitation before the learned arbitrator.

5. Accordingly, these petitions alongwith pending applications stand disposed of in the aforesaid terms.

C. HARI SHANKAR, J NOVEMBER 17, 2021/kr

Signature Not Verified

By:SUNIL SINGH NEGI Signing Date:20.11.2021 19:31:29