Elekta Medical Systems Pvt. Ltd. ... vs Institute Of Liver And Biliary ...
2021 Latest Caselaw 2131 Del

                          $~30
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +        O.M.P. (T) (COMM.) 18/2021 & I.A. 2055/2021 (Section 151
                                   CPC)

                                   ELEKTA MEDICAL SYSTEMS
                                   PVT. LTD. AND ANR                   ..... Petitioners
                                                  Through Mr. Deepesh Sharma, Adv.
                                                  versus

                                   INSTITUTE OF LIVER
                                   AND BILIARY SCIENCES                    ..... Respondent
                                                  Through     Mr.    Sanjay      Poddar,   Sr.
                                                  Advocate with briefing counsel (Attendance
                                                  not given)
                                   CORAM:
                                   HON'BLE MR. JUSTICE C .HARI SHANKAR
                                                  O R D E R (ORAL)

% 09.08.2021 (Video-Conferencing)

C .HARI SHANKAR, J.

O.M.P. (T) (COMM.) 18/2021

1. The petitioners, by this petition, seek termination of the mandate of the arbitrator, presently in seisin of the disputes between the parties in view of Section 12(5) of the Arbitration and Conciliation Act, 1996 ("the 1996 Act") read with the judgments of the Supreme Court in Bharat Broadband Network Ltd. v. United Telecoms Ltd 1, Perkins Eastman Architects DPC v. HSCC (India) Ltd 2 and Haryana Space Application Centre v. Pan India Consultants Pvt. Ltd 3

(2019) 5 SCC 755

2019 SCC Online SC 1517

(2021) 3 SCC 103 Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI

Signing Date:11.08.2021 18:09:56

2. Mr. Sanjay Poddar, learned Senior Counsel for the respondent, fairly concedes to the applicability of Section 12(5) of the 1996 Act as well as the aforesaid decisions and, therefore, submits that this Court may appoint an arbitrator in place of the arbitrator presently in seisin of the disputes.

3. As such, without meaning any disrespect to the learned Arbitrator presently seized with the disputes between the parties - who is a learned retired Judge of this Court - and solely because of the applicability of the aforesaid decisions of the Supreme Court read with Section 12(5) of the 1996 Act, this Court is constrained to terminate the appointment of the said learned Arbitrator.

4. In his place, this Court requests Hon'ble Ms. Justice Gita Mittal, former Chief Justice of the High Court of Jammu and Kashmir, who has also been Acting Chief Justice of this Court, and whose name is acceptable to learned Counsel for both sides, to take over as substitute arbitrator to arbitrate on the disputes between the parties. The learned Arbitrator would continue the proceedings from the stage at which they stand presently.

5. The learned Arbitrator is also requested to furnish the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on reference.

6. The learned Arbitrator would be entitled to fees as were being Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI

Signing Date:11.08.2021 18:09:56 paid to the earlier arbitrator, who was in seisin of the disputes.

7. The petition stands disposed of in the aforesaid terms.

I.A. 2055/2021 (Section 151 CPC)

In view of the order passed in the petition, this application stands disposed of.

C.HARI SHANKAR, J AUGUST 9, 2021 r.bararia

Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI

Signing Date:11.08.2021 18:09:56