Balaji Prime Buildhome Pvt Ltd vs Kashipur Infrastructure And ...
2022 Latest Caselaw 1039 Del

                                      $~14
                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                         Judgment delivered on:    12th April, 2022

                                      +      ARB.P. 1245/2021
                                      BALAJI PRIME BUILDHOME PVT LTD                           ..... Petitioner
                                                                versus

                                      KASHIPUR INFRASTRUCTURE AND FREIGHT
                                      TERMINAL PVT LTD                  ..... Respondent

                                      Advocates who appeared in this case:
                                      For the Petitioner :      Mr. Udit Seth, Advocate

                                      For the Respondents :     Mr. Gautam Dhamija, Advocate

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                                   JUDGMENT

SANJEEV SACHDEVA, J

1. Petitioner seeks reference of the disputes to an Arbitral Tribunal.

2. Learned counsel for the parties submit contended that there is one common contract between the parties, however with different work order. As per the agreement, the seat of Arbitration is at Delhi and even they have consented to the venue of the arbitration at Delhi.

                                                                                               Digitally Signed
Signature Not Verified                                                                         By:JUSTICE SANJEEV
Digital Signed By:KUNAL                                                                        SACHDEVA
MAGGU                                                                                          Signing Date:12.04.2022
Signing Date:13.04.2022 16:38:26                                                               21:10

This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

3. Learned counsel for the parties pray that parties be referred to an Arbitral Tribunal to be constituted under the aegis of Delhi International Arbitration Centre and a Sole Arbitral Tribunal be constituted.

4. In view of the above, the disputes are referred to the Delhi International Arbitration Centre (DIAC), which would appoint an arbitrator to arbitrate the disputes. The arbitration shall take place under the aegis of the DIAC in accordance with its rules and regulations.

5. The arbitrator would be entitled to charge fees in accordance with the schedule of fee stipulated by the DIAC.

6. The arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within one week of entering reference.

7. The petition is disposed of in the above terms.

SANJEEV SACHDEVA, J APRIL 12, 2022 'rs'

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digital Signed By:KUNAL SACHDEVA MAGGU Signing Date:12.04.2022 Signing Date:13.04.2022 16:38:26 21:10 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.