Rajiv Shakdher, J. - (1.) I.A. 2845-46/2019 Allowed, subject to just exceptions. ARB.P. 133/2019
(2.) This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short '1996 Act').
(3.) Briefly, learned counsel for the petitioner argues that the incumbent Arbitrator cannot continue with the proceedings. 3.1 In this behalf, reliance is placed by the learned counsel on the arbitration agreement which is incorporated in Clause 20 of the Buyers Agreement dated 6.9.2014. 3.2 Clause 20 reads as follows: "20. ARBITRATON 20.1 It is agreed between the parties that any dispute which may be in relation to this present Agreement would not be taken up by the parties against each other in any criminal complaint either to the police or any Court. Both parties specifically waive their rights to do so against each other. The Buyer also waives his right to file Consumer Complaint on any issue which may be connected or arise out of this Agreement. Parties agree to resolve their entire disputes through the Dispute Resolution Mechanism agreed herein below. 20.2 That in case of any dispute or controversy arising out of or in connection with this Agreement the same shall be referred to the Arbitration of a sole Arbitrator to be appointed by the Managing Director of the Developer. The arbitration proceedings shall be held in accordance with the Arbitration & Conciliation Act, 1996, and the Rules made thereunder as amended from time to time. The place of arbitration shall be New Delhi only and the language of the arbitration proceedings shall be English. The cost of arbitration including the arbitrator's fee shall be shared jointly by the Developer and the Buyer. The parties agree that during the pendency of the Arbitration, the parties shall continue to discharge their respective obligations under this Agreement. 20.3 The rights and obligations of the parties under or arising out of this Agreement shall be construed and enforced in accordance with laws of India.";