Delhi High Court
United Telecoms Ltd vs Bharat Broadband Network Ltd on 14 February, 2022
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 14.02.2022
+ O.M.P. (T) (COMM.) 23/2022 & IA No. 2446/2022
UNITED TELECOMS LTD. ..... Petitioner
Through: Mr. Pawan Upadhyay, Mr. Gaurav
Pathak &Mr. Rajesh Chettri,
Advocates
Versus
BHARAT BROADBAND NETWORK LTD. ..... Respondent
Through: Mr. Chandan N. Kamra, Advocate
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 in substitution.
2. For adjudication of the disputes with respondent, this Court by order
dated 25.04.2019 [ in OMP. (I) (COMM) No. 125/2019] had appointed Mr.
Justice (Retd.) Jagannadha Rao, the sole Arbitrator. According to petitioner,
the learned Arbitrator had to adjudicate two cases APO-I and APO-II. The
arbitral proceedings in respect of APO-II stood concluded and the arbitration
award was rendered on 06.06.2021 and 07.07.2021 in respect thereof.
However, arguments in APO-I though commenced but could not be
completed owing to illness of the Counsel and restraints of covid pandemic.
3. Learned counsel for petitioner has submitted that an email dated
21.09.2021 has been received from the learned sole arbitrator wherein he has
expressed his inability to hear the arguments in APO-I and, therefore, the
present petition has been filed seeking appointment of a substituted
Arbitrator.
4. Notice issued.
5. Mr. Chandan N. Kamra, Advocate, accepts notice on behalf of
respondent.
6. Learned counsel for the parties submit that the case is at the advance
stage of hearing arguments and this Court may appoint sole Arbitrator and
also grant one year time to the arbitral tribunal for preparing and
pronouncing the Award. Learned counsel for the parties have jointly
proposed the name of Mr. Justice (Retd.) Mukul Mudgal for appointment as
the sole Arbitrator.
7. In view of the above, the present petition is allowed. At the joint
request of counsel representing both the sides, Mr. Justice (Retd.) Mukul
Mudgal, former Chief Justice of Punjab and Haryana High Court, is
appointed sole Arbitrator to adjudicate the disputes between the parties. The
tribunal is granted one year time from today to hear the arguments and
render the Award.
8. The learned Arbitrator shall decide the fee after consultation with the
parties.
9. 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.
10. A copy of this order be sent to the learned Arbitrator for information.
11. The petition and pending application are accordingly disposed of.
(SURESH KUMAR KAIT)
JUDGE
FEBRUARY 14, 2022
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