Mimaki Engineering Company Ltd v. Mimaki Kanphor India Pvt Ltd & Others

ORDER %

31.07.2013

¶1O.M.P. No.757/2013is a petitionunder Section9 of the Arbitration and Conciliation Act, 1996 (in short the Act). O.M.P. No.757/2013& OMPNo.464/20I3 P"ge I of 3 L

¶2With the consent of the parties, OMP No.464/2013, filed by respondentNo.l herein,under Section9of the Act, is also calledfrom the Registryandtaken up for hearing.

¶3Counselsfor the partiesare agreedthat the captionedpetitionscan be disposedofwiththe followingagreeddirections:

(1) Even though there is an arbitrationclause obtainingbetween the parties,whichgives libertyto each partyto nominateits arbitrator with the two arbitratorsappointingan Umpire, they agree that a sole arbitrator be appointedby this Court.

(2) The captioned petitions along with the pleadings be placed before the sole Arbitrator,who will treat the same as applications under Section 17 of the Act.

(3) Interim orders passed in OMP No.464/2013,will continueto operate,till the said petition/applicationis disposedofby the learned Arbitrator.

(4) Since,there is no interimorder in the captionedOMP, i.e OMP No.757/2013,Mr. Nayar, on instructions,states that the subsidiaiy company, i.e. Mimaki Kanphor India (Pvt.) Ltd. will not commence its business activities till the disposal of OMP No.757/2013/ applicationbythe learnedArbitrator.

(5) Needlessto say the partieswill be free to file their claims and counter claims before the learned Arbitrator, who will adjudicate upon themaswell as thecaptionedOMPs/applications,as indicatedabove. O.M.P. No.757/2013& OMPNo.464/2013 pege 2 of3 y </ (

¶4In view of the aforesaid agreed directions, Hon'ble Mr. Justice R.V. Raveendran,a retired Judge of the SupremeCourt, is appointedas the Sole Arbitrator in the matter.

¶5Counselsalso agree that the arbitrationproceedingswill abide by the rules and fee schedule of the Delhi International Arbitration Centre (DIAC).

¶6, The learned Arbitrator shall endeavour to dispose of the captioned OMPs/applications as expeditiously as possible.

¶7With the aforesaid directions, the petitions are disposed of

¶8Parties and their counsels will present themselves before DIAC on

19.8.2013 at 3.00 pm.

¶9Paties will be free to file their replies and rejoinder, if any, before the aforementioned date so that pleadings are completed.

¶10The above agreed order will not come in the way of parties advancing their respective contentions on the merits of the matter.

¶11Consequently, 13.9.2013, fixed as the date of hearing in OMP No.464/2013, shall stand cancelled.

¶12Dasti. ' RAJIV SHAKDHER, J JULY 31, 2013 s.pal O.M.P. No. 757/2013 & OMP No.464/2013 page 3 of3 ,1

IV/ $-60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 757/2013 VINODKRISHNAMURTHY& ORS Petitioners Through Mr. Akhil Sibal,Mr. NitinWadhwa, Mr. Amit Mishra and Mr. P.Datta, Advs. versus MIMAKIENGINEERINGCO LTD &ANR Respondents Through Mr. RajivNayar, Sr. Adv. and Mr.Suhel Dutt, Sr. Adv. with Mr. AbhixitSingh,Mr. AbhishekSeth and Mr. Rahul Raj, Advs. + O.M.P. 464/2013 MIMAKIENGINEERINGCOMPANYLTD Petitioner Through Mr. RajivNayar, Sr. Adv. and Mi-.Suhel Dutt, Sr. Adv. with Mr. Abhixit Singh, Mr. Abhishek Seth and Mr. Rahul Raj, Advs. versus MIMAKIKANPHORINDIAPVT. LTD. & ORS Respondents Through Mr. Akhil Sibal,Mr. NitinWadhwa, Mr. Amit Mishra and Mr. P.Datta, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER