Rule.
Learned advocate Shri Harshadray Dave waives service of rule on behalf of opponent.
This application has been filed seeking for permission to the arbitrator to hold arbitration hearing at Ahmedabad instead of Delhi.
By order dated 9.9.2011, request of the present opponent for appointment of arbitrator was allowed. Subsequently, application for modification of such order made by the present applicant came to be disallowed on 13.1.2012. This application is now filed with above-noted prayer.
Counsel for the applicant submitted that to avoid unnecessary expenditure, arbitrator appointed by the Court be permitted to hold his sittings at Ahmedabad instead of Delhi though it was so envisaged by the parties in the original agreement. Learned counsel Shri Dave also agreed to such a suggestion. Under the instructions from respondent, he stated that respondent would also prefer that arbitration proceedings be held at Ahmedabad instead of Delhi.
In view of above consensus, in furtherance of order dated 9.9.2011 passed in Arbitration Petition No.43/2011, it is provided that the arbitration proceedings shall be held at Ahmedabad and not at Delhi. I am informed by the learned counsel for the parties that learned arbitrator also consents to this modification.
This application is disposed of. Rule made absolute.
(Akil Kureshi,J.) (raghu) Top