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Judgment
Parties are ad idem that the Arbitrator may be appointed and this application shall be treated as Section 17 application.
Accordingly, parties waive their contractual and statutory obligations for appointment of arbitrator. The learned Sole Arbitrator shall enter upon the reference within three weeks from today. There is no dispute as to the prima facie existence of an arbitration agreement also.
In these circumstances, this Court finds no impediment in appointing a sole arbitrator.
Accordingly, Mr. Tushar Mahajan, Advocate (Mob. No.8802290930) is appointed as a learned Sole Arbitrator to adjudicate the disputes arisen between the parties.
On the constitution of Arbitral Tribunal, the present petition shall be treated as application under Section 17 and the same shall be decided by the Sole Arbitrator in accordance with law.
Learned Arbitrator shall decide the matter within four weeks from the date of reference.
It is clarified that nothing contained in the present order shall be construed as an expression of opinion on the merits of the case. All rights and contention are reserved.
The Registry is directed to send a receipt of this order to Mr. Tushar Mahajan, learned Arbitrator through all permissible modes including email.