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    M/S. Genus Power Infrastructures Ltd. Petitioner v. The New India Assurance Co. Ltd.

    J.R Midha, J.:— Mr. Vishnu Mehra, learned counsel for the respondent submits that he has received instructions from the respondent to waive the objection of territorial jurisdiction subject to this order not being treated as a precedent. The learned counsel for the petitioner has no objection to this.

    2. Vide order dated 10th May, 2013, this Court has already observed that there is a valid arbitration agreement between the parties and there are disputes which are covered under the arbitration agreement. The learned counsel for the respondent submits that the disputes are not arbitrable. The respondent can raise this objection before the learned arbitrator.

    3. In the facts and circumstances of this case, Ms. Rajlakshmi Rao, former Member of National Consumer Disputes Redressal Commission (Mob: 9820000123 and e-mail: rajyarao@gmail.com) is appointed as the sole Arbitrator to adjudicate the disputes between the parties.

    4. This order is being passed in peculiar facts and circumstances of this case and it shall not be treated as precedent.

    5. The fees of the Arbitrator shall be governed by the Delhi High Court Arbitration Centre (Administration Costs and Arbitrators? Fees) Rules.

    6. The petition is disposed of in the above terms.

    7. Copy of this order be also sent to the learned Arbitrator.

    8. Copy of this order be given dasti to learned counsel for the parties.

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    M/S. Genus Power Infrastructures Ltd. Petitioner v. The New India Assurance Co. Ltd.
    (May 30, 2013)