In this arbitration petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, the High Court appointed Justice Madan B. Lokur as the Sole Arbitrator upon the respondent's consent and ordered fee regulation per Schedule IV.
Appointment of Justice Madan B. Lokur as Sole Arbitrator; petition disposed of.
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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* IN THE HIGH COURT OF DELHI AT NEW DELHI
GANNON DUNKERLEY & CO. LTD ..... Petitioner Through: Mr. Praveen Kumar Singh, Mr. Sujit Kumar Sigh, Mr. Md. Ziauddin Ahmad and Mr. Karan Bhardwaj, Advs.
versus
INDIABULLS INFRASTRUCTURE COMPANY LIMITED ..... Respondent Through: Mr. Rajat Navet, Ms. Prachi V. Sharma and Mr. Saurav Joon, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R % 07.02.2020
IA 1738/2020 (for exemption)
Exemption allowed subject to all just exceptions.
The application stands disposed of.
ARB.P. 117/2020
This petition has been filed by the petitioner under Section 11(5) of the Arbitration and Conciliation Act, 1996 for appointment of a Sole Arbitrator. Mr. Rajat Navet, learned counsel appearing for the respondent has given his consent for appointment of an Arbitrator. If that be so, this court appoints Justice Madan B. Lokur, former Judge of the Supreme Court as the Sole Arbitrator who shall adjudicate the claims and counter-claims of the parties. The fee of the learned Arbitrator shall be regulated by the
provisions of Schedule – IV of the Arbitration and Conciliation Act. Parties are at liberty to take all pleas as available to them both on facts and in law. A copy of this order be sent to Justice Madan B. Lokur for information.
Petition stands disposed of.
V. KAMESWAR RAO, J
FEBRUARY 07, 2020 /jg
3 issues framed by the court
Whether the High Court should appoint a Sole Arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996, given the respondent's consent.
What fee structure should govern the appointed Sole Arbitrator.
Whether the petitioner is at liberty to raise pleas on facts and law.
2 provisions across 1 enactments
GANNON DUNKERLEY & CO. LTD
INDIABULLS INFRASTRUCTURE COMPANY LIMITED
V KAMESWAR RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
