Navdeep Shipping Pvt Ltd vs Distribution Logistics ...
2022 Latest Caselaw 960 Del

                                      $~2

                                      *IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      %                                  Judgment delivered on: 05.04.2022

                                      +     ARB.P. 978/2021

                                      NAVDEEP SHIPPING PVT LTD                                 ..... Petitioner

                                                                versus

                                      DISTRIBUTION LOGISTICS
                                      INFRASTRUCTURE PVT LTD                                  ..... Respondent

                                      Advocates who appeared in this case:
                                      For the Petitioner: Mr. Harsha Vinoy, Advocate (through VC)
                                      For the Respondent: Mr. Mohit Gupta, Advocate

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                          JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Learned counsels for the parties submit that the dispute could not be resolved through mediation.

2. Petitioner has filed the subject petition seeking appointment of an Arbitral Tribunal in term of arbitration clause contained in the Container Lease Agreement dated 01.10.2018. The container lease agreement is not in dispute.

3. The agreement stipulates that unless the parties concur in

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digital Signed By:KUNAL SACHDEVA MAGGU Signing Date:06.04.2022 Signing Date:06.04.2022 12:54:05 00:16 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

appointment of a single Arbitrator, both parties shall appoint one Arbitrator each who in turn shall appoint a Presiding Arbitrator to constitute the Arbitral Tribunal.

4. Learned counsel for the parties submit that the parties are concurring to appointment of a Sole Arbitrator.

5. With the consent of the parties, Mr. Justice Rajiv Sahai Endlaw (retd) (former Judge of this Court) is appointed as the Arbitral Tribunal to adjudicate the claims and counter claims, if any, of the parties.

6. The Arbitrator shall make the requisite disclosure under Section 12 of Arbitration & Conciliation Act, 1996 within two weeks of entering the reference.

7. Petition is allowed in the above terms.

SANJEEV SACHDEVA, J APRIL 5, 2022 'rs'

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digital Signed By:KUNAL SACHDEVA MAGGU Signing Date:06.04.2022 Signing Date:06.04.2022 12:54:05 00:16 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.