This order appoints an arbitrator in an arbitration application where the petitioner challenges the respondent's bar on dueling awards. The court held that since the arbitration agreement is undisputed, the petition must be allowed.
Mr. Mahavir Singhal is appointed as the Arbitrator in the matter.
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.
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..... Petitioner Through Mr. Karan Sharma and Mr. Mohit Siwah, Advs.
versus
EAST DELHI MUNICIPAL CORPORATION
..... Respondent Through Ms. Biji Rajesh and Mr. Aman Bakshi, Advs for Mr. Gaurang Kanth, Standing Counsel.
CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER
O R D E R
2 Upon notice being issued in the petition, pleadings stand completed.
3 I have queried learned counsel for the respondent as to why the instant petition is being resisted. Ms. Biji Rajesh, who, appears for the respondent, says that while there is no dispute about the existence of an arbitration agreement, the objection of the respondent is that the ostensible dispute raised in the petition need not be agitated once again, as it has been adjudicated upon vide an Award dated 23.03.2017.
ARB.P. No.390/2018 Pg.1 of 2
3.1 I am told that this Award was rendered by Mr. Sanjay Kumar, Chief Law Officer of the respondent and involved the parties herein. 4 Learned counsel for the petitioner, however, refutes this submission advanced on behalf of the respondent.
5 To my mind, as long as there is no dispute with regard to the existence of the arbitration agreement, the petition would have to be allowed leaving it open to the respondent to agitate its defence that the issues raised by the petitioner stand already adjudicated upon in an earlier round of arbitration and stand covered by the Award dated 23.03.2017.
7 Consequently, Mr. Mahavir Singhal, former Additional District Judge, Delhi (Mob. 9650758886), is appointed as an Arbitrator in the matter. Learned Arbitrator will be paid his fees in accordance with the provisions of Fourth Schedule appended to the 1996 Act.
7.1 The learned Arbitrator, before entering upon reference will file a declaration as mandated by Section 12 and other attendant provisions of the 1996 Act.
RAJIV SHAKDHER, J
DECEMBER 13, 2018 A
ARB.P. No.390/2018 Pg.2 of 2
1 issue framed by the court
Whether a petition for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 should be allowed where the existence of arbitration agreement is undisputed.
1 provisions across 1 enactments
ARC Outdoor Media Pvt. Ltd.
East Delhi Municipal Corporation
Rajiv Shakdher
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
