Hero Fincorp Limited vs Samtel Hal Display Systems ...
2022 Latest Caselaw 1132 Del

                                      $~18
                                      *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                           Judgment delivered on: 21st April, 2022

                                      ARB.P. 1228/2021
                                      HERO FINCORP LIMITED                                   ..... Petitioner
                                                                  versus

                                      SAMTEL HAL DISPLAY SYSTEMS
                                      LIMITED & ORS.                                         ..... Respondents
                                      Advocates who appeared in this case:
                                      For the Petitioner:         Ms. Asmita Duggal, Advocate

                                      For the Respondent:         Mr. Sanjay S. Chhabra and Mr. Akhil Dehlan,
                                                                  Advocates

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                                                     JUDGMENT

SANJEEV SACHDEVA, J

1. Petitioner seeks appointment of an Arbitral Tribunal pursuant to arbitration clause contained in Master Facility Agreement dated 27.10.2014 read with Supplementary Agreement dated 27.10.2014.

2. Learned counsel appearing for the respondents submits that without prejudice to their defence they have no objection to the Arbitral Tribunal being constituted.

                                                                                                 Digitally Signed
Signature Not Verified                                                                           By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                        SACHDEVA
MAGGU                                                                                            Signing Date:22.04.2022
Signing Date:23.04.2022 12:43:10                                                                 22:17
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.

3. Since the parties are agreeable to reference of their disputes to arbitration, the petition is allowed.

4. With the consent of the parties and without prejudice to their rights and contentions, Mr. Justice G.S. Sistani (retd), former Judge of this Court (Mobile No. +91 9871300034) is appointed as the Arbitral Tribunal to adjudicate the disputes between the parties. The Arbitral tribunal shall adjudicate the disputes i.e. claims and counter claims, if any, of the parties.

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

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

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

SANJEEV SACHDEVA, J APRIL21, 2022 'rs'

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:22.04.2022 Signing Date:23.04.2022 12:43:10 22:17 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.