HERO FINCORP LIMITED  Vs SAMTEL HAL DISPLAY SYSTEMS LIMITED & ORS. -Judgment by Delhi High Court

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 21st April, 2022

ARB.P. 1228/2021
HERO FINCORP LIMITED ….. Petitioner
versus

SAMTEL HAL DISPLAY SYSTEMS
LIMITED & ORS. ….. Respondents
Advocates who appeared in this case:
For the Petitioner: Ms. Asmita Duggal, Advocate

For the Respondent: Mr. Sanjay S. Chhabra and Mr. Akhil Dehlan,
Advocates

CORAM:-
HON�BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
1. Petitioner seeks appointment of an Arbitral Tribunal pursuant to arbitration clause contained in Master Facility Agreement dated 27.10.2014 read with Supplementary Agreement dated 27.10.2014.
2. Learned counsel appearing for the respondents submits that without prejudice to their defence they have no objection to the Arbitral Tribunal being constituted.
3. Since the parties are agreeable to reference of their disputes to arbitration, the petition is allowed.
4. With the consent of the parties and without prejudice to their rights and contentions, Mr. Justice G.S. Sistani (retd), former Judge of this Court (Mobile No. +91 9871300034) is appointed as the Arbitral Tribunal to adjudicate the disputes between the parties. The Arbitral tribunal shall adjudicate the disputes i.e. claims and counter claims, if any, of the parties.
5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.
6. The Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.
7. The petition is disposed of in the above terms.

SANJEEV SACHDEVA, J
APRIL21, 2022
�rs�

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