Bhikaji Maintenance Combine v. Rohit Poddar

O R D E R %

13.11.2024

¶1The present petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 by the Petitioner seeking appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the parties under the Maintenance and Service Charges Agreement dated 03.12.2004 regarding non-payment of charges.

¶2Material on record indicates that a notice invoking arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 was sent by the Petitioner to the Respondent on 26.07.2024.

¶3Since no reply has been given by the Respondent to the notice invoking arbitration sent by the Petitioner, the Petitioner has approached this Court by filing the present Petition.

¶4In view of the fact that disputes have arisen between the Parties and This is a digitally signed order. there is an arbitration clause, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the Parties.

¶5Accordingly, Ms. Shreya Vedantika Mehra (Mob. No. 9910027557) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

¶6The learned arbitrator shall be entitled to fees as per the Schedule of Fees mentioned under the A&C Act.

¶7The learned arbitrator is also requested to file the requisite disclosure under Section 12(2) of the A&C Act within a week of entering on reference.

¶8All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

¶9Needless to say, nothing in this order shall be construed as an expression of this Court on the merits of the contentions of the parties.

¶10The present petition stands disposed of in the above terms.

SUBRAMONIUM PRASAD, J NOVEMBER 13, 2024 Rahul

This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1561/2024 BHIKAJI MAINTENANCE COMBINE .....Petitioner Through: Ms. Meenakshi Sood, Mr. Mukesh Kumar, Mr. Rakesh Kharb, Mr. Adarsh Singh, Advocates versus ROHIT PODDAR .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD