Delhi High Court
Sarita Lamba vs Shri Satish Jassal And Anr. on 1 September, 2005
Author: A Kumar
Bench: A Kumar
JUDGMENT
Anil Kumar, J.
1. This is a petition under Sections 13 and 14 of Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator after the resignation of the arbitrator appointed by this Court. The petitioner had filed a petition under Section 11 of Arbitration and Conciliation Act, 1996 and by order dated 10th March, 2003, Mr. Justice S.S. Chaddha, a retired Judge of this Court, was appointed as the sole arbitrator to adjudicate upon the disputes in relations to the partnership deed dated 27th March, 199
2. The learned arbitrator after hearing the matter had passed an interim order dated 13th October, 2003 pursuant to which an undertaking of respondent No. 1 was recorded with respect to the properties in dispute. In the meantime, the pleadings were filed by the parties and on conclusion of evidence and thereafter detailed arguments an interim award dated 10th December, 2004 was passed holding that properties bearing No. 700 and 701A, Village Lado Sarai, New Delhi were the partnership properties and the terms and conditions of the partnership were contained in the deed dated 27th March, 1996.
3. Thereafter, the learned Arbitrator directed the parties to file the accounts, however, respondent No. 1 did not comply with that rather proceedings were filed by the respondent No. 1 against the direction to render accounts.
4. A communication dated 25th May, 2005 was sent by the respondent No. 1 contending that the Arbitrator had intention to favor the claimant and deny justice to him and also disputed the amount of fee payable to the Arbitrator.
5. Consequent to the communication dated 25th May, 2005 making allegations against the learned Arbitrator, a letter dated 27th May, 2005 was sent by the learned Arbitrator tendering his resignation as the sole Arbitrator and stipulating that the record of arbitration proceedings will be handed over by him to his successor.
6. The present application has been filed, thereafter praying, inter alia, to appoint any retired Hon'ble High Court Judge as an arbitrator with direction to proceed with the matter.
7. A reply has been filed to the application of the petitioner by respondent No. 1 contending, inter alia, that respondent No. 1 would submit and would bow down before the Hon'ble Court and he had no ill intention or any motive against the learned Arbitrator. The respondent No. 1 categorically stipulated in the reply that he has no objection in case any arbitrator is appointed by this Hon'ble Court as may be deemed fit and proper in the facts and circumstances.
8. After hearing the learned counsels for the parties and considering the facts and circumstances, Mr. Justice K.S. Gupta (Retd.), C-II/22, Bapa Nagar, New Delhi (Tel.23074147) is appointed as the Arbitrator to adjudicate upon the disputes, claims and counter claims of the parties arising out of or in relation to the partnership deed dated 27th March, 1996 in the partnership business and the properties. He shall proceed further in the arbitration proceedings on resignation of Mr. Justice S.S. Chaddha (etd.). The fee of the learned Arbitrator is fixed at Rs. 7,500/- per hearing, however, there will not be any ceiling. The learned Arbitrator will decide his own procedure.
9. A copy of this order be sent to the learned Arbitrator and the parties are directed to appear before the learned Arbitrator on 12th September, 2005 at 4.30 PM.
With this the petition is disposed of.
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