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2021 Supreme(Del) 928
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Kcc Buildcon Pvt. Ltd. Through Its Director Shri Shivraj Kundu - Appellant
Versus
Government Of Nct Of Delhi & Ors. - Respondents
Arbitration Petition No. 886 of 2021, Miscellaneous Application No. 11664 of 2021
Decided On : 13-09-2021
Important Points
Subject
Arbitration Law - Appointment of Substitute Arbitrator
Act Referred
Headnote
Arbitration - Appointment of Substitute Arbitrator - The court appoints a substitute arbitrator to arbitrate on the disputes between the parties following the unfortunate demise of the earlier appointed arbitrator.
Fact of the Case:
The arbitral proceedings before the earlier appointed arbitrator stood concluded and the award was reserved when the arbitrator unfortunately expired. It was necessary to appoint a substitute arbitrator.
Finding of the Court:
The court appointed Hon'ble Mr. Justice Sudershan Kumar Misra as the substitute arbitrator to arbitrate on the disputes between the parties. The substitute arbitrator was requested to furnish the requisite disclosure under Section 12(2) of the Arbitration and Conciliation Act, 1996 within a week of entering on reference.
Issues: Appointment of substitute arbitrator following the demise of the earlier appointed arbitrator.
Ratio Decidendi: In the event of the unfortunate demise of an appointed arbitrator, it is necessary to appoint a substitute arbitrator to continue the arbitral proceedings.
Final Decision: The court appointed Hon'ble Mr. Justice Sudershan Kumar Misra as the substitute arbitrator to arbitrate on the disputes between the parties and directed the substitute arbitrator to furnish the requisite disclosure under Section 12(2) of the Arbitration and Conciliation Act, 1996 within a week of entering on reference.
Prakash Singh, Advocate, Shlok Chandra, Advocate
JUDGMENT
C. Hari Shankar, J. - I.A. 11664/2021
1. Allowed, subject to all just exceptions.
2. The application is disposed of
ARB.P. 886/2021
3. Both sides submit that the arbitral proceedings before Hon’ble Mr. Justice Anil Kumar (retired), the arbitrator earlier appointed to arbitrate on the disputes between the parties, stood concluded and the award was reserved when Hon’ble Mr. Justice Anil Kumar (retired) unfortunately expired.
4. As such, it is necessary that a substitute arbitrator is appointed.
5. In view thereof, this Court appoints Hon'ble Mr Justice Sudershan Kumar Misra (Cell No.: 9810039724), a learned retired Judge of this Court, as the arbitrator to arbitrate on the disputes between the parties. It would be for the arbitrator to decide the stage, from which he would prefer to continue the proceedings.
6. The fees payable to Hon’ble Mr Justice Anil Kumar would continue to apply to Hon’ble Mr Justice Sudershan Kumar Misra.
7. The substitute Arbitrator is requested to furnish the requisite disclosure under Section 12(2) of the Arbitration and Conciliation Act, 1996 within a week of entering on reference.
8. In my view, it would be appropriate for the substitute Arbitrator to call for the record of the arbitration which was earlier being conducted by Hon’ble Mr Justice Anil Kumar.
9. This petition stands disposed of in the aforesaid terms.
