Allowed

Sh. Varun Gupta v. Irrigation & Flood Control Department & Ors.

Delhi HC14 Feb 2019ARB.P./16/2019

Case brief

AI extract

What is this about?

In an application under Section 11(6) of the Arbitration and Conciliation Act to appoint an arbitrator, the court held that since the respondent appointed an arbitrator after receiving a court notice, an independent arbitrator must be appointed by the court.

What did the court decide?

Appointment of Mr. Amrit Lal Aggarwal as Sole Arbitrator to adjudicate claims and counter-claims under the Delhi International Arbitration Centre.

Sh. Varun Gupta Vs Irrigation & Flood Control Department & Ors. — Arbitration | Delhi HC (2019)

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$~O-1

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 16/2019

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SH. VARUN GUPTA ..... Petitioner

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Through: Mr.S. Goel and Mr.Shivam Goel, Advocates

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versus

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IRRIGATION & FLOOD CONTROL DEPARTMENT & ORS. ..... Respondents Through: Ms.Urvi Mohan, Advocate for Mr.Sanjoy Ghose, ASC, GNCTD for GNCTD

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CORAM: HON'BLE MR. JUSTICE J.R. MIDHA

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O R D E R % 14.02.2019

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The petitioner is seeking appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act.

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The arbitration agreement between the parties is contained in Clause 25(ii) of the work contract agreement which is reproduced in para 18 of the petition. The petitioner validly invoked the arbitration agreement vide invocation letter dated 13^th July, 2018 which was not responded.

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Learned counsel for the respondent submits that the respondent appointed an arbitrator after receipt of the notice from this Court on 29^th January, 2019.

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Learned counsel for the petitioner submits that the respondents had no right to appoint an arbitrator after the filing of the petition and, therefore, the independent arbitrator be appointed by this Court.

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There is merit in the contention urged by learned counsel for the

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petitioner.

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The application is allowed and Mr. Amrit Lal Aggarwal (Mobile No.9811100361) is appointed as a Sole Arbitrator to adjudicate the claims as well as counter claims of the parties.

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The arbitration shall be conducted under the ageis of Delhi International Arbitration Centre.

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The learned arbitrator shall ensure the compliance of Section 12 read with Fifth and Sixth schedule of Arbitration and Conciliation Act, 1996 before commencing the arbitration.

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The fee of the learned arbitrator shall be in accordance with the schedule of fees prescribed under the Delhi High Court Arbitration Centre (Administrative Costs and Arbitrators’ Fees) Rules.

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Copy of this order be sent to Delhi International Arbitration Centre.

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Copy of this order be sent to the learned arbitrator.

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Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

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J.R. MIDHA, J.

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FEBRUARY 14, 2019 ds

Sh. Varun Gupta v. Irrigation & Flood Control Department & Ors.

Case brief

What is this about?

What did the court decide?

Sh. Varun Gupta v. Irrigation & Flood Control Department & Ors.

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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