Thapar Builders Private Limited vs Thomas And Company Pvt Ltd
2021 Latest Caselaw 2358 Del

$~11
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                             Date of decision: 31.08.2021

+      O.M.P. (T) (COMM.) 72/2021
       THAPAR BUILDERS PRIVATE LIMITED                     .... Petitioner
                             Through    Mr. Pankaj Kumar Singh, Adv.

                             versus

       THOMAS AND COMPANY PVT LTD            .... Respondent
                   Through Mr. Gursat Singh, Adv.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                             J U D G M E N T (oral)

1. The present petition has been filed by the petitioner under Section

15(2) of the Arbitration and Conciliation Act, 1996 seeking appointment of

a Sole Arbitrator under substitution.

2. Learned counsel for petitioner submits that vide order and judgment

dated 17.02.2021, this Court appointed Justice (Retd.) G.S. Sistani sole

Arbitrator to adjudicate the dispute that had arisen between the parties.

3. Thereafter, vide email dated 25.03.2021 the sole Arbitrator informed

the counsel for the petitioner and respondent about his inability to act as an

Arbitrator, as his son had previously appeared for one of the parties.

4. Learned counsel for petitioner submits that a substituted Arbitrator

may be appointed in terms of Order and Judgment dated 17.02.2021, as

Justice (Retd.) G.S. Sistani has recused and conveyed his inability to act as

an Arbitrator.

5. The aforesaid submission is affirmed by learned counsel for

respondent who submits that there is no objection to appointment of

substituted Arbitrator.

6. Accordingly, Justice (Retd.) Mool Chand Garg (Mobile:

9899337979) is appointed sole Arbitrator to adjudicate the disputes between

the parties.

7. The arbitration shall be conducted under the Delhi International

Arbitration Centre (DIAC). The fee of the Arbitrator shall be in accordance

with the schedule of fees prescribed under the Delhi International

Arbitration Centre (DIAC) (Internal Management) Rules and Delhi

International Arbitration Centre (Administrative Cost and Arbitrators' Fees)

Rules, 2018.

8. The learned Arbitrator shall ensure compliance of Section 12 of

Arbitration and Conciliation Act, 1996 before commencing the arbitration.

Needless to say, all issues are left open for adjudication and consideration by

the learned Arbitrator.

9. A copy of this order be sent to the learned Arbitrator for information.

10. The petition is accordingly disposed of.

SURESH KUMAR KAIT, J AUGUST 31, 2021/rk