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2021 Supreme(Del) 326

C.HARI SHANKAR
Iacm Smart Learn Ltd – Appellant
Versus
Kanwal Singh Solanki – Respondent


Advocates:
Advocate Appeared:
For the Respondent: Mr. Vichitra Kumar and Mr.Inder Chand, Advs.

ORDER :

1. There is no appearance on behalf of the petitioner.

2. I have heard Mr. Vichitra Kumar, learned Counsel for the respondent.

3. As is noted in the order dated 25th February, 2021, the appointment of Mr. Ram Bhagat Singh, presently functioning as Sole Arbitrator arbitrating on the disputes between the parties was in the teeth of Clause 10 of the lease deed dated 9th August, 2019, between the parties, which required the arbitrator to be appointed by both parties. Unilateral appointment of the arbitrator was, therefore, clearly impermissible. Accordingly, Mr. Ram Bhagat Singh is rendered dejure incapable of continuing to function as the Arbitrator within the meaning of Section 14(1) of the Arbitration & Conciliation Act, 1996.

4. Mr. Kumar, cognizant of this position, does not oppose the prayer for an alternate arbitrator being appointed by the Court.

5. As such, without expressing any opinion on any of the contentions in the petition or as advanced by this Court and recorded in the order dated 25th February, 2021, the present petition is disposed of by referring the parties to the Delhi International Arbitration Centre (DIAC), who would appoint a suitable substitute Arbitrator t

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