SUDHIR SOOD Vs. ERICSSON INDIA PVT. LTD.

JUDGEMENT

(1.) This petition has been filed under sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator in terms of arbitration clause 15.2 of the lease deed executed between the parties on 6.5.2010. Petitioners sent communications to the respondents on 29.7.2013 and 3.10.2013 for appointment of Arbitrator. No Arbitrator has been appointed as per arbitration clause contained in the lease deed. The dispute has arisen between the parties. Accordingly, I am satisfied that all the requirements of the Arbitration and Conciliation Act, 1996 have been fulfilled by the petitioners and the Sole Arbitrator is required to be appointed to resolve all the disputes which have arisen between the parties.

(2.) Accordingly, Mr. Virender Chauhan, Advocate is appointed as Arbitrator and Mr. Prashant Sharma, Advocate will assist the Arbitrator. The Arbitrator is directed to enter into reference within a period of two weeks from the date of receipt of the copy of the order. Thereafter, the petitioners are directed to file claim petition within a period of three weeks. Reply be filed by the respondents within a further period of three weeks. The pleadings, including, rejoinder and counter-claim, shall also be completed by the parties within a period of eight weeks after entering into reference by the Arbitrator. It shall be open to the Arbitrator to determine his own procedure with the consent of the parties. It shall also be open to the Arbitrator to fix his fee alongwith the fee of Mr. Prashant Sharma. The award shall be made strictly as per the provisions of the Arbitration and Conciliation Act, 1996 within six months. Needless to add that the Arbitrator shall pass a speaking order. The Registry of this Court is directed to immediately inform Mr. Virender Chauhan, Advocate and Mr. Prashant Sharma, Advocate about the passing of the order by sending a copy of this order to them. In view of this, the petition stands disposed of. Pending application, if any, also stands disposed of. No costs.