*F I 3 $- {: (t IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 60/2011 AURA MANAGEMENT SERVICES PVT LTD ..... Petitioner Through: Mr.Gagan Gupta, Advocate VCTSUS LION SERVICES LIMITED ..... Respondent Through: Ms.SeemaTiwari, Advocate CORAM: HON'BLE MR,. JUSTTCE G.S.StSTANI ORDER 30. r.r..20r.1 This is a petition under Section 11(6) of the Arbitration & Conciliation Act, 1996, seeking appointment of an arbitrator. A prayer is also made in the petition that arbitrator sought to be appointed by respondent be removed, as the arbitration clause contained in the amended agreement dated 19.03.2009 is an invalid clause. Counsel for the respondent has opposed this petition primarily on the ground that despite a notice having been issued the petitioner failed to appoint an arbitrator, hence, petitioner cannot oppose the appointment of an arbitrator by the respondent. It is agreed that in the first Memorandum of Understanding signed between the parties on 13.08.2007 a provision was made for appointment of one arbitrator each by the parties and similar intention was also expressed in the amendment, which was carried out. o/o 1.. 2. ', 3. Digitally Signed By:AMULYA 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. Signature Not Verified ? 4. After some hearing in the matter, it is agreed that an independent Arbitrator, preferably a former Judge of this court may be appointed, to adjudicate upon disputes and differences, claims and counter claims arising between the parties. Accordingly, Ms. Justice Usha Mehra, (Cell No.9B1B42II44 & Tel No.2653110), a former Judge of this Court is appointed as Sole Arbitrator to adjudicate upon all disputes and differences including claims and counter claims arising between the parties. lt is agreed between the parties that fee of the Arbitrator shall be borne by the parties equally as per the schedule maintained by Delhi High Court Arbitration Centre. The Arbitrator shall give prior notice to the parties before commencing the proceedings. Petition stands disposed of. Let a copy of this order be sent directly to learned Arbitrator. lA. trlo. 3447l2O 3. L ( STAY) 6. ln view of order passed in the Arbitration Petition No.60/2011, application stands disPosed of. _---€-g-<-e,#,^ G.S.STSTANIF NOVEMBER '30, ZOLL SSN ARB.P. 60/20XL 2/2 5. q e