Council of Scientific & Industrial Research v. M/S Avesthagen Limited

ORDER o/o L5.1L.2O1"1 This is a petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 for apporntment of an arbitrator. On the last date of hearing i.e. on 16.08.2OII four weeks time was granted to the respondent to file reply. None has appeared on behalf of the respondent, despite the matter being passed over once and called a second time. No reply has been filed. Counsel for the petitioner submits that parties had entered into an agreement by which the petitioner had advanced a sum of Rs.2.66 crores to the respondent and thereafter by a supplementary agreement another sum of Rs.75.0 lakhs was advanced to the respondent, making a total sum of Rs.3.4I crores. Counsel for the petitioner has also drawn attention of the court to clause 15 of the agreement as per which the disputes between the parties are to be resolved through arbitration. Copy of the agreement has been placed on record. t Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. a Counsel for the petitioner submits that since the disputes between the parties had arisen, a notice dated 29.04.2010 was issued calling upon the respondent to pay the total amount, failing which matter be referred to arbitration. lt is submitted that one of the members of the arbitral tribunal (Professor G.Padmanabhan) has conveyed his regret to act in the arbitral tribunal. In the absence of opposition to this petition, the same is allowed. A.ccordingly, Justice Y.K. Sabharwal, former Chief Justice of India (Cell No.9B739BBBB4, Res./Off.40817362), is appointed as sole arbitrator to adjudtcate upon disputes and differences, claims and counter claims between the parties. Fee of the Arbitrator shall be borne by the parties equally as per the schedule maintained by Delhi High Court Arbitration Ccntre. The Arbitrator shall give prior notice to the parties before commencing the proceedings, Petition stands disposed of. Let a copy of this order be sent directlv to learned Arbitrator. NOVEMBER I.5,2O1I. SSN ARB.P. 93/2077 ,\

( > $- * IN THE HIGH COURT OF DELHI AT NEW DELHI + AR B . P. 93I2OTI COIJNCII.- OF SCIENTIFIC & INDUSTRIAL RESEARCH ,.... PCtitiONCT Through: Ms.Poonam,Advocate VETSUS M/S AVESTHAGEN LIMITED ..... Respondent Through CORI\M: HON'BLE MR. JUSTICE G.S.SISTANI