Priti Goel vs Dr Asra Hussain Khumushi
2024 Latest Caselaw 4850 Del

Delhi High Court

Priti Goel vs Dr Asra Hussain Khumushi on 26 July, 2024

Author: C.Hari Shankar

Bench: C.Hari Shankar

                  $~41
                  *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +         ARB.P. 1106/2024
                            PRITI GOEL                                         .....Petitioner
                                               Through:       Mr. Avinash Sharma, Adv.

                                               Versus

                            DR ASRA HUSSAIN KHUMUSHI             .....Respondent
                                         Through: Mr. Anukul Raj, Ms. Nikita Raj
                                         and Mr. Tushar Bhalla, Advs.

                            CORAM:
                            HON'BLE MR. JUSTICE C.HARI SHANKAR
                                             JUDGMENT (ORAL)

% 26.07.2024

I.A. 34472/2024 (Exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

3. Both sides submit, ad idem, that arbitral disputes have arisen between them, which, in terms of Clause 6 of the Partnership Deed dated 11 January 2023 are referable to arbitration.

4. Learned Counsel for the respondent submits that he has also filed a Section 11(6) petition for referring the disputes to arbitration, which is listed before a coordinate Bench of this Court and submits

ARB. P. 1106/2024 Page 1 of 2 Digitally Signed By:CHANDRASHEKHARAN KUMAR HARI SHANKAR Signing Date:29.07.2024 Signing Date:29.07.2024 17:41:11 17:40:24 that, if this Court appoints an arbitrator, he would withdraw that petition.

5. The parties have exchanged Section 21 notices with each other and have not been able to arrive at a consensus regarding the arbitrator. Both parties are agreeable to the disputes being referred to arbitration by this Court.

6. Accordingly, this Court appoints Mr. Setu Niket, Advocate (Tel: 9873109672) to arbitrate on the disputes between the parties.

7. The learned arbitrator shall be entitled to fees as fixed in consultation with the parties.

8. The learned arbitrator is also requested to file the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on reference.

9. The petition stands allowed in the aforesaid terms.

I.A. 34473/2024 (for condonation of delay of 26 days in refilling)

10. The delay in refiling is condoned.

11. The application stands disposed of.

C.HARI SHANKAR, J JULY 26, 2024 rb Click here to check corrigendum, if any

ARB. P. 1106/2024 Page 2 of 2 Digitally Signed By:CHANDRASHEKHARAN KUMAR HARI SHANKAR Signing Date:29.07.2024 Signing Date:29.07.2024 17:41:11 17:40:24