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SURESH KUMAR KAIT
Amit Arora – Appellant
Versus
DLF Home Developers Ltd. – Respondent
JUDGMENT
(Oral)
The hearing has been conducted through video conferencing.
I.A. 10532/2021(exemption)
1. Allowed subject to all just exceptions.
2. Application is disposed of.
I.A. 10533/2021(exemption)
3. Exemption is allowed with direction to file requisite affidavits within four weeks of this Court resuming normal functioning.
4. Application is disposed of.
O.M.P. (T) (Comm.) 81/2021
5. The present petition has been preferred by the petitioner under the provisions of Section 14 r/w Section 15(2) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator under substitution.
6. Notice issued.
7. Ms. Deveshi Mishra, Advocate, accepts notice on behalf of respondent.
8. Learned counsel for petitioner submits that in respect of Unit No. CGW- 242, Phase -III, DLF Capital Greens and in terms of Clause- 55 of Apartment Buyer's Agreement No. 149 dated 01.04.2011, to adjudicate the disputes and differences between the parties, arbitration proceedings were conducted by Justice (Retd.) Anil Kumar, however, after His demise, a new Arbitrator has to be appointed.
9. Learned counsel for respondent submits that after demise of Justice (Retd.) Anil Kumar, appointment of a substituted Ar
The main legal point established is the court's authority to appoint a substituted Arbitrator under the provisions of the Arbitration and Conciliation Act, 1996 following the demise of the previous A....
A substituted arbitrator can be appointed under the Arbitration and Conciliation Act, 1996, following the demise of the previous arbitrator without objection from the parties involved.
Point of law : Arbitration Agreement – Death of Arbitrator – On death of arbitrator another arbitration appointed.
The court allows appointment of a substituted Arbitrator without restarting proceedings, ensuring continuity after the original Arbitrator's demise.
Court appointed a new Sole Arbitrator under the Arbitration and Conciliation Act due to the previous Arbitrator's demise, allowing all parties to raise issues before the new Arbitrator.
The necessity to appoint a new Arbitrator is confirmed under Sections 14 and 15 of the Arbitration and Conciliation Act, recognizing the continuation of the arbitration process post-demise of the ori....
The Court's decision was based on the provisions of the Arbitration and Conciliation Act, 1996, allowing for the appointment of a Sole Arbitrator and extension of time for making the award.
In the event of the demise of the sole Arbitrator, a new Arbitrator can be appointed to continue the arbitration proceedings in accordance with Sections 14 & 15 of the Arbitration and Conciliation Ac....
The court has the authority to appoint a substituted Arbitrator when the initially appointed Arbitrator conveys inability to act due to a conflict of interest.
The court ruled that a substituted Arbitrator may be appointed under Section 15(2) of the Arbitration and Conciliation Act, emphasizing the need for the Arbitrator's impartiality and independence.
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