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2025 DAILYLAW 38705 (DEL)

PREMIER CHENNAI PROPERTIES PRIVATE LIMITED v. PACIFICA BUILDERS PRIVATE LIMITED

O.M.P. (T) (COMM.)/2/2025 · 2025-01-22

Manoj Kumar Ohri

body2025

Judgment text

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$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 2/2025 PREMIER CHENNAI PROPERTIES PRIVATE LIMITED .....Petitioner Through: Ms. Bani Dikshit, Mr. Dhruva Vig & Mr. Uddhav Khanna, Advs. versus PACIFICA BUILDERS PRIVATE LIMITED .....Respondent Through: Ms. Jagruti Dekavadiya, Adv. CORAM: HON’BLE MR. JUSTICE JASMEET SINGH O R D E R % 17.04.2025 I.A. 9810/2025 1. This is an application under Section 151 of CPC seeking clarification of the Orders dated 29.05.2024 and 22.01.2025. 2. On 29.05.2024, it was directed that the Arbitrator would be paid fee as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996. 3. On 22.01.2025, while allowing the application under Section 15 of Arbitration and Conciliation Act, 1996, the Court directed that the Arbitrator will be entitled to fee under the DIAC Fee Schedule or as the parties agree. Hence, the application for clarification in view of the aforesaid conflict of directions. 4. The parties are agreeable that the arbitration would be ad-hoc This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:33:29 arbitration and the Arbitrator will be entitled to charge his own fee, as per the parties’ consent. 5. With the consent of parties, the Orders dated 29.05.2025 and 22.01.2025 are modified accordingly. 6. The application is disposed of in the aforesaid terms. I.A. 9770/2025 7. This is joint application under Section 151 of CPC seeking refund from the DIAC qua the arbitration fee paid by the parties. 8. Since with the consent, the parties are agreeable that the arbitration would be an ad-hoc arbitration, the balance arbitral fee lying with DIAC, will be refunded to the parties in proportion to their share. 9. The application is disposed of in the aforesaid terms. JASMEET SINGH, J APRIL 17, 2025/pk Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:33:29