Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking reference of a dispute to arbitration; respondent raised no objection and the dispute was referred to Justice A.K. Pathak (retired) under DIAC aegis.
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KAMAL KUMAR (PRORIETOR AASTHA ELECTRICALS)
.....Petitioner Through: Mr. Rohit Saraswat, Mr Sharan Mehta, Mr. Karan Sharma, Mr. Gaurav Anand, Advs. with petitioner in person
versus
ENERGY EFFICIENCY SERVICES LIMITED ....Respondent Through:
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
%
O R D E R (O R A L) 11.07.2024
1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (the 1996 Act), for reference of the dispute between the parties to arbitration.
2. Learned Counsel for the respondent has no objection.
3. Learned Counsel for the petitioner submits that similar disputes between the parties is presently being arbitrated upon by Hon’ble Mr. Justice A.K. Pathak, a learned retired Judge of this Court under the aegis of the Delhi International Arbitration Centre (DIAC).
4. Learned counsel ad idem submit that this dispute may also be referred to Justice Pathak to be adjudicated under the aegis of the DIAC.
Signature Not Verified
Signature Not Verified
Digitally Signed By:CHANDRASHEKHARAN HARI SHANKAR Signing Date: 19.0 7.2024 16:59:04
Digitally Signed By:ROHIT BARARIAARB. P. 405/2024 Signing Da te:1 9.07.2024 16:59:52
Page 1 of 2
5. Accordingly, the dispute in this petition stands referred for arbitration to Hon’ble Mr. Justice A.K. Pathak (retired) to be adjudicated under the aegis of the DIAC.
6. The learned Arbitrator would be entitled to charge fees in accordance with the schedule of fees fixed by the DIAC and the arbitration would proceed in accordance with the rules, regulations and procedure of DIAC.
7. The petition stands disposed of in the aforesaid terms.
C. HARI SHANKAR, J.
JULY 11, 2024 dsn
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Signature Not Verified
Signature Not Verified
Digitally Signed Page 2 of 2 By:CHANDRASHEKHARANHARI SHANKAR Signing Date: 19.0 7.2024 16:59:04
Digitally Signed By:ROHIT BARARIAARB. P. 405/2024 Signing Da te:1 9.07.2024 16:59:52
1 issue framed by the court
Should the dispute between the parties be referred to arbitration under Section 11(6)?
1 provisions across 1 enactments
Kamal Kumar (Proprietor Aastha Electricals)
Energy Efficiency Services Limited
C. Hari Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
