TMI Blog2015 (5) TMI 1201X X X X Extracts X X X X X X X X Extracts X X X X ..... r duress, would require evidence to be led and is therefore required to be examined by the learned Arbitrator. Appointment of an Arbitrator - HELD THAT:- It is seen that the Respondent forfeited its right under the arbitration clause since it failed to appoint an Arbitrator despite invocation of the arbitration clause by the Petitioner on 5th May 2014, followed by another letter dated 12th Janu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Railways with Ms. Nisha, Advocate ORDER 1. One of the objections raised by Mr. Jasjit Singh, learned counsel for the Respondent, is that the Petitioner has accepted the full and final payment and has also signed the supplementary agreement. Secondly, he submits that the Respondent should be permitted to appoint an Arbitrator in terms of the agreement betw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... another letter dated 12th January 2015. 4. In the circumstances, the Court appoints Mr. Ram Prakash, former District Sessions Judge, Delhi, residing at B-52, Sector 49, Noida, District Gautam Budh Nagar, U.P.-201301 (Mob. No. 9990177710) as sole Arbitrator to adjudicate the disputes between the parties including their claims and counter-claims. The arbitration shall take place ..... X X X X Extracts X X X X X X X X Extracts X X X X
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