Trading Engineers (International) Limited v. Gamainfrapop (P) Ltd.
2017-07-19
SANJEEV SACHDEVA
body2017
DigiLaw.ai
JUDGMENT : Sanjeev Sachdeva, J. 1. By this petition under Section 11 of the Arbitration & Conciliation Act, 1996, the petitioner seeks appointment of a Presiding Arbitrator to adjudicate the disputes between the parties. 2. Learned counsel for the respondent submits that, without prejudice to the defence of the respondent, he has no objection to the appointment of an Arbitrator by this court to adjudicate the disputes between the parties. 3. Learned counsels for the parties submit that since the value of the claim may not be substantial, it may be expedient to appoint a Sole Arbitrator. Learned counsels for the parties submit that instead of three member tribunal, they are agreeable that the disputes be referred to a Sole Arbitrator. 4. Learned counsels for the parties have consented to the appointment of Mr. Justice V.S. Aggarwal (Retd.), former Judge of this court to be appointed as the Sole Arbitrator. 5. Accordingly, Mr. Justice V.S. Aggarwal (Retd.), former Judge of this court, (Mobile No.9891175550) resident of C-52, Soami Nagar (North), New Delhi is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. This is subject to the Arbitrator making the necessary disclosure under Section 12 of the Act of not being ineligible under Section 12(5) of the Act. 6. The Arbitrator shall examine the claims of the petitioner and the counter claims, if any of the respondents. 7. The Arbitrator shall fix his fee in consultation with learned counsel for the parties. 8. The parties are at liberty to approach the learned Arbitrator for elucidating the necessary disclosures and for further proceedings. 9. The petition is accordingly disposed of.