Delhi High Court
Centre For Development Of ... vs Xalted Information Systems Pvt ... on 25 October, 2021
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (T) (COMM.) 103/2021
CENTRE FOR DEVELOPMENT
OF TELEMATICS ..... Petitioner
Through: Mr. Gaurav Sarin and Mr.
Sandeep Chatterjee, Advocates with Ms.
Akshita, Legal Associate
versus
XALTED INFORMATION
SYSTEMS PVT LTD ..... Respondent
Through: Attendance not given
CORAM:
HON'BLE MR. JUSTICE C .HARI SHANKAR
O R D E R (ORAL)
% 25.10.2021
C .HARI SHANKAR, J.
O.M.P. (T) (COMM.) 103/2021 & I.A. 13223/2021
1. The disputes between the parties were being arbitrated by
Hon'ble Mr. Justice Anil Kumar, a learned retired Judge of this Court,
who, unfortunately, expired during the currency of the Covid 2019
pandemic.
2. As such, the present has been moved for appointment of a
substitute arbitrator to complete the proceedings.
3. Arbitral fees were required, as per the order dated 30th March,
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:26.10.2021
17:32:23
2016, in appointing Hon'ble Mr. Justice Anil Kumar as the Arbitrator,
to be paid in accordance with the Fourth Schedule to the Arbitration
and Conciliation Act, 1996 ("1996 Act"). Learned counsel for the
parties submit that the arguments before Hon'ble Mr. Justice Anil
Kumar had concluded and the award was reserved when,
unfortunately, he expired. As such, they submit that the arbitration is
nearing its conclusion.
4. They further submit that the entire fees payable under the 7th to
the 1996 Act already stands paid to Hon'ble Mr. Justice Anil Kumar
and request, therefore, that this Court may fix a reasonable amount as
the fees payable to the substitute arbitrator. It is also requested that the
substitute arbitrator may be conversant with the e-technology, as the
issues in controversies are of that nature.
5. Mr. Sarin, learned counsel for the petitioner, has also invited my
attention to an order dated 28th July, 2021 passed by a coordinate
Bench of this Court in OMP(T)(COMM) 67/2021. In that case, too,
the arbitration proceedings were being conducted before Hon'ble Mr.
Justice Anil Kumar. The appointment of Hon'ble Mr. Justice Anil
Kumar in that case was under the aegis of the Delhi International
Arbitration Centre (DIAC). In that case, too, the entire fees payable as
per the schedule of the DIAC had been paid to the learned arbitrator,
well before his demise. The Court, in the circumstances, directed to
appoint substitute arbitrator, who is another learned retired Judge of
this Court, to be entitled to 40% of the fees payable as per the Fourth
Schedule to the 1996 Act.
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:26.10.2021
17:32:23
6. Following the said example, I request Hon'ble Mr. Justice
Badar Durrez Ahmed, an eminent retired Chief Justice of the High
Court of Jammu and Kashmir, who has also adorned the Bench of this
Court, to continue and complete the arbitral proceedings between the
parties.
7. The learned arbitrator is requested to file the requisite disclosure
under Section 12(2) of the 1996 Act within a week of entering on
reference.
8. The learned arbitrator would be entitled to 40% of the fees
payable as per the Fourth Schedule to the 1996 Act.
9. I am also informed that the mandate of the earlier Arbitral
Tribunal had expired on 31st July, 2021. The mandate of the learned
Arbitral Tribunal as constituted by the order passed today would stand
extended as jointly requested by the learned counsel for the parties by
a period of nine months from today.
10. With the aforesaid directions, this petition stands disposed of.
11. Miscellaneous application stands also disposed of.
C.HARI SHANKAR, J
OCTOBER 25, 2021
r.bararia
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:26.10.2021
17:32:23
