The Delhi High Court disposed of a Section 11 petition for arbitrator appointment by directing the parties to mediation. The case was remanded to DIAC for arbitration nomination if mediation fails.
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INDIABULLS HOUSING FINANCE LTD. .....Petitioner Through: Mr. Raghav Khanna, Mr. Siddharth Nayak, Mr. Vibhu Tripathi, Mr. Sagar Devgan, Advocates.
versus
PRAMOD KUMAR MISHRA & ANR. .....Respondents Through: Mr. Arun Kumar Maji, Mr. Harsh Kumar Gautam, Advocates.
CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 12.09.2024
Page 1 of 3
ARB.P. 744/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/09/2024 at 11:53:27
and Enforcement of Security Interest Act, 2002 [“SARFAESI Act”]. It also appointed an arbitrator unilaterally, purporting to exercise its power under the arbitration clause. However, the learned arbitrator, by a communication dated 25.01.2024, has terminated the proceedings, holding that unilateral appointment of the arbitrator is not permissible in view of the judgment of the Supreme Court in Perkins Eastman Architects DPC & Anr. vs. HSCC (India) Limited [(2020) 20 SCC 760]. The petitioner therefore invoked arbitration afresh by communication dated 02.02.2024, to which it did not receive a reply.
a. The parties are referred to mediation under the aegis of Samadhan, Delhi High Court Mediation and Conciliation Centre, Shershah Road,
Page 2 of 3
ARB.P. 744/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/09/2024 at 11:53:27
New Delhi-110503. They will appear before the learned Mediator on 19.09.2024.
b. In the event the mediation proceedings are unsuccessful, the disputes between the parties will be adjudicated by arbitration under the aegis of Delhi International Arbitration Centre, Delhi High Court, Shershah Road, New Delhi [“DIAC”]. DIAC is requested to nominate an Arbitrator from its panel. The learned Arbitrator is requested to furnish a declaration under Section 12 of the Act, prior to entering upon the reference.
c. The arbitration proceedings will be governed by the Rules of DIAC, including as to remuneration of the learned Arbitrator.
d. DIAC is requested to defer the proceedings for a period of eight weeks from today, to enable the parties to resolve their disputes. The learned Arbitrator is requested to enter into reference after a period of eight weeks, upon request of either party.
PRATEEK JALAN, J
SEPTEMBER 12, 2024 ‘Bhupi’/
Page 3 of 3
ARB.P. 744/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/09/2024 at 11:53:27
1 issue framed by the court
Whether a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator should be disposed of amicableallly in view of written consent of both parties.
1 provisions across 1 enactments
INDIABULLS HOUSING FINANCE LTD.
PRAMOD KUMAR MISHRA & ANR.
PRATEEK JALAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
