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Judgment
The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator.
Insofar as the disputes arising out of the Indore contract are concerned, with the consent of the parties, Ms. Asha Menon, Former Judge of this Court (Mob. No.9910384664) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties arising therefrom.
The learned Sole Arbitrator shall, before entering upon the reference, furnish the requisite disclosure under Section 12 of the Arbitration and Conciliation Act, 1996.
The arbitration shall be carried under the rules and aegis of Delhi International Arbitration Centre (“DIAC”). The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.
It shall be open to the parties to raise all pleas, including objection as to arbitrability and jurisdiction, before the learned Sole Arbitrator who shall decide the same in accordance with law.
It is clarified that the observations made herein are only for the purpose of deciding the present petition under Section 11(6) of the Act.
The learned Sole Arbitrator shall adjudicate the disputes independently and on their own merits, uninfluenced by any observations contained in the present order.
The Registry is directed to send a receipt of this order to Ms. Asha Menon, Former Judge of this Court, learned Arbitrator through all permissible modes including email.
Insofar as the disputes arising out of the Tata Nagar and Saharanpur contracts are concerned, learned counsel for the Petitioner submits that the reliefs in respect thereof are not being pressed in the present petition. However, he seeks liberty to approach the appropriate forum for the same.
Leave and liberty as sought is granted.
The petition is disposed of in the aforesaid terms.
Pending applications, if any, also stand disposed of.