Dilip Kumar Swain vs Union Of India Through General ...
2022 Latest Caselaw 1003 Del

                                      $~2, 3 & 4
                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                        Judgment delivered on: 8th April, 2022
                                      +      ARB.P. 282/2022
                                             DILIP KUMAR SWAIN                                        ..... Petitioner
                                                               versus

                                             UNION OF INDIA THROUGH GENERAL MANAGER NORTHERN
                                             RAILWAYS                                 ..... Respondent

                                      +      ARB.P. 283/2022
                                             DILIP KUMAR SWAIN                                        ..... Petitioner
                                                               versus

                                             UNION OF INDIA THROUGH GENERAL MANAGER NORTHERN
                                             RAILWAYS                              ..... Respondent

                                                                        AND

                                      +      ARB.P. 284/2022
                                             DILIP KUMAR SWAIN                                        ..... Petitioner
                                                               versus

                                             UNION OF INDIA THROUGH GENERAL MANAGER NORTHERN
                                             RAILWAYS                              ..... Respondent

                                      Advocates who appeared in this case:
                                      For the Petitioner:      Mr. Chetan Wahi, Advocate.
                                      For the Respondent:      Mr. Jagjit Singh, Mr. Preet Singh, Mr. Vipin Chaudhary
                                                               and Ms. Kalyani, Advocates.

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                                  JUDGMENT

SANJEEV SACHDEVA, J

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:08.04.2022 Signing Date:10.04.2022 11:04:15 20:07 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

1. Petitioner seeks appointment of an arbitral tribunal in terms of similar agreements all dated 10.04.2014. The arbitration clause stipulates reference to the dispute to a sole arbitrator.

2. Learned counsel for respondent submits that without prejudice to their defence, they have no objection to appointment of a sole arbitrator.

3. Learned counsel for parties submits that since the disputes arising in the three petitions are identical in nature, one common arbitral tribunal be constituted.

4. Accordingly, with the consent of the parties, Mr. Jai Sahai Endlaw, Advocate is appointed as the Sole Arbitrator.

5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996. The fee of the Arbitrator shall be paid equally by the parties.

6. The Arbitrator shall file the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

7. The petitions are disposed of in the above terms.

SANJEEV SACHDEVA, J APRIL 08, 2022/NA

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:08.04.2022 Signing Date:10.04.2022 11:04:15 20:07 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.