Col Lalan Chaubey v. M/S Club Resorto Hospitality Ltd.
Case brief
What is this about?
Single Judge order in a Section 11 petition for appointment of a sole arbitrator regarding a dispute over vacation packages. The court appointed Mr. Dhruv Tamta as arbitrator and fixed his fee at Rs.50,000 to be initially borne by the Petitioner.
What did the court decide?
Court appointed Mr. Dhruv Tamta as Sole Arbitrator; fixed fee at Rs.50,000 initially borne by Petitioner; proceedings listed before Arbitrator.
What the court decided
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
- ARB.P. 728/2023
COL LALAN CHAUBEY ..... Petitioner Through: Mr. B.P. Vaishnav, Ms. Birjesh Sharma and Mr. Vinod Kr. Kataria, Advocates.
versus
M/S CLUB RESORTO HOSPITALITY LTD ..... Respondent Through: None.
CORAM: JUSTICE PRATHIBA M. SINGH O R D E R % 09.04.2024
- This hearing has been done through hybrid mode.
- The present petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter, ‘ the Act ’) seeking appointment of a ld. Sole Arbitrator. The Petitioner- Col. Lalan Chaubey had availed of a vacation package from Respondent- M/s Club Resorto Hospitality Ltd. and had paid a sum of Rs.2,25,000/- along with an annual subscription dated 20th September, 2018. When the Petitioner approached the Respondent for availing of the vacation packages, repeatedly, various conditions were imposed upon the Petitioner. The Petitioner is stated to have sent repeated emails dated 17th April, 2019 and 24th April, 2019, however the Respondent is stated to have delayed the process by stating procedural errors.
Issues for consideration
2 issues framed by the court
Whether a sole arbitrator shall be appointed given the Respondent's non-appearance and the existence of an arbitration clause in the agreement.
How the fee for the appointed sole arbitrator shall be determined and initially borne.
Parties & counsel
- petitioner
COL LALAN CHAUBEY
- respondent
M/S CLUB RESORTO HOSPITALITY LTD
Coram
PRATHIBA M. SINGH
Case details
As recorded by the court registry
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