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2022 Supreme(SC) 1078
SUPREME COURT OF INDIA
M.R. SHAH, KRISHNA MURARI, JJ.
Sunil Jain (D) Thr. LRs. and Anr. - Appellants
Versus
Chandra Kala & Anr. - Respondents
I.A. No. 40378 of 2021 (M.A. No. 1336 of 2021) in Miscellaneous Application No. 2326 of 2018 in Civil Appeal No. 10314 of 2016
Decided On : 19-10-2022
For the Petitioner(s): Dr. Sushil Balwada, AOR
IMPORTANT POINT
Appointment of Arbitrator – Another Arbitrator is required to be appointed on death of Arbitrator appointed by Court.
Headnote:
Arbitration and Conciliation Act, 1996 – Section 11(6) – Appointment of another Arbitrator – Death of Arbitrator appointed by Court – Another Arbitrator is required to be appointed – Application allowed and a former Judge of Madras High Court appointed as Sole Arbitrator in place of deceased Arbitrator, to settle dispute between parties. (Paras 2 and 3)
Result : Application allowed.
ORDER :
Present application has been preferred by the applicants to appoint a fresh arbitrator.
It is reported that the learned arbitrator, who was appointed by this Court vide order dated 25.09.2018 has expired and therefore, another arbitrator is required to be appointed.
In view of the above, present application is allowed. We appoint Shri Justice K. Chandru, Former Judge of Madras High Court as the Sole Arbitrator in place of Shri Ram Prakash Bajaj, Retired District Judge (now deceased), to settle the dispute between the parties.
The application for change of arbitrator is disposed of accordingly.
