Delhi High Court
Pradeep Kumar Aggarwal vs Anoop Aggarwal on 8 November, 2024
Author: Sachin Datta
Bench: Sachin Datta
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 08.11.2024
+ ARB.P. 403/2022
PRADEEP KUMAR AGGARWAL .....Petitioner
Through: Mr. Vijay Nair, Ms. Pallavi Tayal
Chadda and Ms. Himanshi Madan,
Advs.
versus
ANOOP AGGARWAL .....Respondent
Through: Mr. Sandeep Sethi, Sr. Adv. along
with Mr. Siddharth Joshi, Ms.
Ambareen, Mr. Pankaj Seth and Ms.
Nidhi Sharma, Advs.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
SACHIN DATTA, J. (ORAL)
IA No.44422/2024 (filed on behalf of petitioner for directions)
1. This is an application seeking substitution of the Sole Arbitrator appointed by this Court vide order dated 18.09.2024 in ARB. (P) 403/2022.
2. This application is occasioned on account of the fact that the learned Sole Arbitrator has recused himself from the matter.
3. In terms of the judgments rendered in Ramjee Power Construction Ltd v. Damodar Valley Corporation, MANU/WB/1306/2009 and Tirath Ram Sumer Kumar v. Rakesh Kumar Mishra and Ors.
MANU/UP/0190/2017, it is incumbent upon this Court to appoint a substitute Sole Arbitrator.
4. Accordingly, Mr. Justice (Retd.) Pradeep Nandrajog, Former Chief Signature Not Verified Digitally Signed By:ROHIT ARB.P. 403/2022 Page 1 of 2 KUMAR PATEL Signing Date:11.11.2024 22:13:05 Justice, Bombay High Court (Mobile No.:9818000130) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties.
5. The learned Sole Arbitrator may proceed with arbitration proceedings subject to furnishing to the parties, requisite disclosures as required under Section 12 of the Arbitration and Conciliation Act; and in the event of there being any impediment to the appointment on that count, the parties are given liberty to file an appropriate application in this Court.
6. As already agreed between the parties, the arbitration shall continue to take place under the aegis of the DIAC.
7. All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.
8. Needless to say, nothing in this order shall be construed as an expression of opinion of this Court on the merits of the contentions of the parties.
9. The present application stands disposed of in above terms.
SACHIN DATTA, J NOVEMBER 8, 2024/sl, r Signature Not Verified Digitally Signed By:ROHIT ARB.P. 403/2022 Page 2 of 2 KUMAR PATEL Signing Date:11.11.2024 22:13:05