This order appoints a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 pursuant to an arbitration clause in the partnership deed and directs parties to attempt mediation before the arbitrator proceeds.
Appointment of Sole Arbitrator Sh. Hemant Gupta; Stay of arbitration proceedings for 45 days for mediation.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
ABHIMANYU GHOSE ..... Petitioner Through Mr.Harpreet Singh Uppal, Adv.
versus
MR. SAIMIK SEN
..... Respondent
Through Mr. Ranjan Mukherjee and Mr. S.Bhowmik, Advs.
CORAM: HON'BLE MR. JUSTICE JAYANT NATH
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O R D E R 12.09.2017
This petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking appointment of a sole Arbitrator to adjudicate the disputes between the parties.
Learned counsel for the respondent has entered appearance. He submits that incorrect and false allegations have been levelled against the respondent in the present petition. However, as there exists an arbitration clause, without prejudice to his rights and contentions and without in any manner accepting the allegations made by the petitioner, the respondent has no objection in case an arbitrator is appointed to adjudicate the disputes between the parties.
Clause 15 of the Amended Partnership Deed dated 22.04.2015 has an
arbitration clause.
Accordingly, I appoint Sh.Hemant Gupta, Advocate (Mobile No.9899009971) as the Sole Arbitrator to adjudicate the disputes between the parties. He will act under the newly Amended Arbitration and Conciliation Act, 2006. The arbitration proceedings will take place under the aegis of the Delhi International Arbitration Centre (DIAC). A copy of this order be sent to DIAC.
At this stage, learned counsel for the respondent submits that he would like to try and settle the matter through mediation in accordance with Clause 16 of the Partnership Deed.
Parties may appear before the Delhi High Court Mediation and Conciliation Centre on 22.09.2017 at 2.00 P.M.
The learned Arbitrator is requested to withhold the proceedings for a period of 45 days to await the outcome of the mediation.
The petition stands disposed of.
JAYANT NATH, J
SEPTEMBER 12, 2017
1 issue framed by the court
Whether the petitioner is entitled to appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
1 provisions across 1 enactments
ABHIMANYU GHOSE
MR. SAIMIK SEN
JAYANT NATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
