Delhi High Court
Mccain Foods India Pvt Ltd vs Bharat Kumar Thakor And Anr. on 21 April, 2022
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 21st April, 2022
+ ARB.P. 991/2021
MCCAIN FOODS INDIA PVT LTD ..... Petitioner
versus
BHARAT KUMAR THAKOR AND ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Amit Tyagi, Advocate
For the Respondent: Mr. Arvind Kumar Shukla, Ms. Neena Shukla, Mr.
Tushar Swami and Ms. Prachi Goyal, Advocates
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
I.A. 5726/2022 (for substituting Sole Arbitrator) in ARB.P.
991/2021
1. By way of this application, petitioner seeks appointment of a
new Arbitrator in place of Arbitrator appointed by order dated
28.02.2022.
2. By order dated 28.02.2022 in Arbitration Petition No.
991/2021, Justice Rekha Sharma (former Judge of this Court) was
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:22.04.2022
Signing Date:23.04.2022 12:43:10 22:17
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
appointed as the Sole Arbitrator. Justice Rekha Sharma (Retd.) by
her communication dated 25.03.2022 has stated that the respondent
appears to be unwilling to participate in the proceedings in Delhi and
as such she has requested to be relieved from the position of the
Arbitral.
3. Learned counsel for the respondent submits that respondent had
merely suggested that either the proceedings be held in Ahmadabad
or the evidence of the witnesses be permitted to be recorded in
vernacular which would be Gujarati.
4. Learned counsels for the parties submit that they have no
objection in case the Arbitral Tribunal is constituted with a Sole
Arbitrator who is conversant with the language of Gujarati, even
though the seat is Delhi. They further submits that if required, with
the consent of parties and subject to the directions being issued by
the Arbitral Tribunal, proceedings may also be held in Gujarat
depending on the availability and convenience of the witnesses.
5. In view of the above with the consent of the parties and without
prejudice to their rights and contentions, Mr. Justice Ramesh P.
Bhatt (retd) (Mobile No. +91 9810990066) is appointed as the sole
Arbitrator. The Arbitral tribunal shall entertain the claims and
counter claims, if any, of the parties.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:22.04.2022
Signing Date:23.04.2022 12:43:10 22:17
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
6. The fees of the learned Arbitrator shall be as per the Fourth
Schedule of the Arbitration and Conciliation Act, 1996. However, in
case any sitting is required in Gujarat, the Arbitrator would be
entitled to fix his fee for the said sitting in Gujarat and the same shall
be at the cost and expense of the Party requesting.
7. Arbitrator shall furnish the requisite disclosure under section 12
of the Arbitration and Conciliation Act, 1996 within two weeks of
entering reference.
8. Petition is disposed of in the above terms.
SANJEEV SACHDEVA, J
APRIL 21, 2022
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:22.04.2022
Signing Date:23.04.2022 12:43:10 22:17
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
