High CourtsSingle Bench(2022) 04 DEL CK 0220

M/S Promax Power Ltd vs M/S Tahal Consulting Engineers India Pvt Ltd

Delhi High Court · Decided on 28 April 2022

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Of
CASE NUMBER
Arbitration Petition No. 493 Of 2022, I.A. No. 6530 Of 2022

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Judgment

8 paragraphs · 181 words

Sanjeev Sachdeva, J

1.

Petitioner seeks reference of dispute to arbitration in terms of sub-contract agreement dated 27.01.2021.

2.

Issue notice.  Notice is accepted by learned counsel for respondent.

3.

Learned counsel for respondent submits that petitioner has not invoked arbitration but respondent had invoked arbitration vide notice dated 16.04.2022.  However, without prejudice to their respective stands, learned counsel for parties pray that the dispute be referred to arbitration.

4.

In view of the above and with the consent of the parties and without prejudice to their rights and contentions, Mr. G.P. Mittal, former Judge of this Court (Mobile # +91 99103 84619; email: [email protected]) is appointed as the sole Arbitrator. The Arbitral tribunal shall entertain the claims and counter claims, if any, of the parties.

5.

The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.

6.

The Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

7.

The petition is disposed of in the above terms.