The Delhi High Court appointed Mr. P.S. Teji (former Judge) as the arbitrator pursuant to Section 11 of the Arbitration and Conciliation Act, 1996, upon the respondent's failure to file a reply to the appointment petition.
Appointment of Mr. P.S. Teji as the arbitrator in view of no reply filed by the respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~1
..... Petitioner Through Mr. Mukesh Sinha and Ms. Priyanka Kakkar, Advs.
versus
LIGARE AVIATION LIMITED
..... Respondent Through Mr. Ravinder Singh and Ms. Elevi, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
O R D E R
% 12.10.2018
1 This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short ‘1996 Act’).
2 Notice in this petition was issued on 08.05.2018. Notice was made returnable on 21.08.2018. On the said date, Mr. Ravinder Singh, Advocate entered appearance on behalf of the respondent. Time was granted to the respondent to file a reply.
3 Despite opportunity, no reply has been filed. Mr. Singh says that he does not wish to file a reply. In the petition, there is a reference to the fact that the parties had entered into a service agreement dated 01.04.2011. The disputes, according to the petitioner, emanate from the said service agreement. In the service agreement, the arbitration agreement obtaining between the parties stands incorporated in Clause 7.
4 In view of the fact that no reply has been filed and there is no rebuttal to the assertion that the arbitration agreement exists between the parties, Mr. Justice P.S. Teji (former Judge of this Court) is appointed as an Arbitrator. Learned Arbitrator will be paid fees as per the provisions of the Fourth Schedule appended to 1996 Act.
5 Petition is disposed of in the aforesaid terms.
RAJIV SHAKDHER, J
OCTOBER 12, 2018 A
3 issues framed by the court
Whether to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when the respondent fails to file a reply.
Whether the dispute between petitioner and respondent was referable to arbitration.
Whether Mr. P.S. Teji should be appointed as the arbitrator vide order under Section 11 of the Act.
1 provisions across 1 enactments
Spectrum Academy Private Limited
Ligare Aviation Limited
Rajiv Shakdher
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
