Rakesh Sharma v. Citi Financial Consumer Finance India Ltd

ORDER

11.11.2011

¶1This is a petition under Section 11 of Arbitration and Conciliation Act seeking appointment of an Arbitrator.

¶2Notice was issued in this matter. Mr. Santosh Sachin, Advocate, enters appearance on behalf of the respondent and submits that an .Arbitrator was appointed in the month of April, 2011, i.e. prior to filing of the present petition. Counsel further submits that as per the Agreement entered into between the parties the option of appointing an Arbitrator is vested in the lender i.e. respondent and t- . in pursuance thereof the respondent has appointed an Arbitrator .

¶3Learned counsel for the petitioner submits that no notice. has been received by the petitioner form the Arbitrator. Counsel further submits that petitioner does not have faith in the Arbitrator so appointed.

¶4After some hearing, it is agreed between counsel for the parties that even if the Arbitrator has already commenced proceedings, he will 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. , re-commence the proceedings de novo and will issue fresh notice to the .petitioner as also to counsel for the petitioner at the addresses mentioned in the present petition. Ordered accordingly. The Arbitrator will ensure that principles of natural justice are complied with and proper opportunity of hearing is granted to the parties.

¶5Accordingly, as agreed petition stands disposed of in above terms.

¶6DASTI. "t: NOVEMBER msr 17, 2011 G.S.SISTANI,J ARB.P. 225/2011

04. * iN THE COURT OF DELHI AT NEW DELHI + ARB.P. 225/2011 ..... Petitioner RAKESH SHARMA Through: Mr. Vikram Kapoor, Mr. Pankaj Kapoor and Ms. Pooja Kapoor, Advs. versus ClTI FINANCIAL CONSUMER FINANCE I!\IDIA LTD ..... Respondent Through: Mr. Santosh SaChin and Ms. Manali Singhal, Advs. CORAM: HON'BlE MR. JUSTICE G.S.SISTANI