Allowed

Golden Jubilee Hotels Private Ltd. v. American Express Banking Corp.

Delhi HC18 Mar 2019O.M.P. (T) (COMM.)/25/2019

Case brief

AI extract

What is this about?

The Court appointed Hon'ble Mr. Justice A.K. Sikri as the Sole Arbitrator to replace Justice R. V. Raveendaran who withdrew under Section 12 of the Arbitration and Conciliation Act, 1996, noting respondent consent and progression of the 2017 arbitration proceedings.

What did the court decide?

Appointment of Hon'ble Mr. Justice A.K. Sikri as Sole Arbitrator; full record to be handed over to him; fees payable as per Fourth Schedule.

Golden Jubilee Hotels Private Ltd. Vs American Express Banking Corp. — Arbitration | Delhi HC (2019)

¶1

$~21

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- O.M.P. (T) (COMM.) 25/2019

¶4

GOLDEN JUBILEE HOTELS PRIVATE LTD. ..... Petitioner

¶5

Through: Mr. Abhimanyu Mahajan, Ms. Anubha Goel and Mr. Sarthak Mehrotra, Advocates.

¶6

versus

¶7

AMERICAN EXPRESS BANKING CORP. ..... Respondent Through: None.

¶8

CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 18.03.2019 I.A. 3924/2019 (Exemption)

¶9

Exemption allowed, subject to all just exceptions.

¶10

O.M.P. (T) (COMM.) 25/2019

¶11

Learned counsel for the Petitioner states that parties had entered into a Merchant Agreement dated 16^th April 2017. Subsequently on account of certain disputes and differences between the Parties arising out of the said agreement, Petitioner had filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (the Act), being Arbitration Petition No. 410 of 2017 before this Hon'ble Court seeking appointment of an Arbitrator.

¶12

This Court vide its Order dated 22^nd May 2018, had directed the appointment of Hon'ble Mr. Justice R. V. Raveendaran (Retd.) as the learned Sole Arbitrator with consent of Parties. The learned Arbitrator had

¶13

commenced the arbitration proceedings from 12^th July 2018 onwards.

¶14

However, during the course of the arbitration proceedings Petitioner raised certain objections under Section 12 and 13 of the Act pursuant to which Hon'ble Mr. Justice R. V. Raveendaran (Retd. Judge, Supreme Court), vide email dated 27^th August 2018 withdrew from the office of arbitrator in the arbitration proceedings.

¶15

Thus by way of the present petition, Petitioner prays for appointment of an arbitrator in place of Hon'ble Mr. Justice R. V. Raveendaran (Retd.). Learned counsel for the Respondent, has no objection to the appointment of a substitute Arbitrator. Accordingly, with the consent of the parties, Hon’ble Mr. Justice A.K. Sikri (Retired Judge, Supreme Court of India) is appointed as the Sole Arbitrator.

¶16

Learned Arbitrator will issue a declaration under Section 12 read with the attendant provisions of the 1996 Act before entering upon reference.

¶17

It is made clear that the proceedings will commence from the stage at which they are presently positioned. Learned counsel for the Petitioner shall hand over the record to the learned Arbitrator.

¶18

The learned Arbitrator will be paid his fee having regard to the provisions of the Fourth Schedule appended to the Arbitration and Conciliation Act, 1996.

¶19

The Petition is allowed in the above terms. No order as to costs. The Registry will despatch a copy of this order the learned Arbitrator.

¶20

SANJEEV NARULA, J

¶21

MARCH 18, 2019/ nk

Golden Jubilee Hotels Private Ltd. v. American Express Banking Corp.

Case brief

What is this about?

What did the court decide?

Golden Jubilee Hotels Private Ltd. v. American Express Banking Corp.

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

Case details

Similar cases

Smt Neelam Narula Vs Mrs Neena Madaan

Ashim Khurana Vs the State & Ors.

Kohli One Housing & Development Pvt. Ltd. Vs Dr. Dhananjayan Kg

Rajesh Kumar Bhardwaj Vs Bharat Petroleum Corporation Ltd.

Himalya International Limited Vs M/S Steelclad Infra Pvt. Ltd.

Mahendra Singh Vs Maxblis Construction Private Limited & Anr.