Allowed

Mannschaft Ingenieure (I) Pvt. Limited v. Delhi Msw Solutions Ltd.

Delhi HC10 Nov 2016ARB.P./301/2016

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of a sole arbitrator. The court appointed Mr. Pawan Kumar Bahl, subject to necessary disclosure under Section 12.

What did the court decide?

Appointment of Mr. Pawan Kumar Bahl as Sole Arbitrator, subject to disclosure under Section 12 of the Act.

Mannschaft Ingenieure (I) Pvt. Limited Vs Delhi Msw Solutions Ltd. — Arbitration | Delhi HC (2016)

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$~2

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 301/2016

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MANNSCHAFT INGENIEURE (I) PVT. LIMITED ..... Petitioner Through: Mr Vinit Trehan, Advocate.

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versus

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DELHI MSW SOLUTIONS LTD. ..... Respondent Through: Mr Moni Cinmoy, Advocate.

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CORAM:

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HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R

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% 10.11.2016

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IA No.6092/2016

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Allowed, subject to all just exceptions.

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ARB.P. 301/2016

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The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation, Act, 1996 (hereinafter the ‘Act’) praying for appointment of an independent Arbitrator to adjudicate the disputes that have arisen between the parties in relation to a work order dated 12.11.2012 issued by the respondent for erection and commissioning of Ash Handling System. It is stated that the said order was issued in acceptance of the commercial offer made by the petitioner which included an arbitration clause. The said clause is set out below:-

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“ i. Arbitration

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In all cases or disputes which can't be settled by mutual negotiations, the matter shall be referred for arbitration in accordance with provisions of

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Indian Arbitration Act, 1996 and rules there under to be read together with all the statutory amendments and modification of the said act. The venue of such arbitration shall be at New Delhi”.

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The learned counsel for the respondent does not dispute the existence of an arbitration clause and concurs with the petitioner’s prayer that an independent Arbitrator be appointed.

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Mr Pawan Kumar Bahl, Advocate (Mobile No.9810045051) , who is present in Court, is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. This is subject to necessary disclosure and qualification under Section 12 of the Act.

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The petition is disposed of.

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The parties are at liberty to approach Mr. Bahl for fixing a preliminary hearing.

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VIBHU BAKHRU, J

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NOVEMBER 10, 2016 MK

Mannschaft Ingenieure (I) Pvt. Limited v. Delhi Msw Solutions Ltd.

Case brief

What is this about?

What did the court decide?

Mannschaft Ingenieure (I) Pvt. Limited v. Delhi Msw Solutions Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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