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SURESH KUMAR KAIT
Maya Rani Singhal – Appellant
Versus
Hardeep Singh – Respondent
JUDGMENT
(Oral)
The hearing has been conducted through video conferencing.
I.A. 8964/2021 (exemption)
1. Allowed subject to all just exceptions.
2. Application is disposed of.
I.A. 8965/2021 (exemption)
3. Allowed subject to all just exceptions and with direction to file requisite affidavits within four weeks of the Court resuming normal functioning.
4. Application is disposed of.
O.M.P. (T) (Comm.) 64/2021
5. The present petition has been preferred by the petitioner under the provisions of Sections 14 & 15 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator under substitution.
6. Notice issued.
7. Mr. Deepak Arora, Advocate, accepts notice on behalf of respondent.
8. Learned counsel for petitioner submits that to adjudicate the disputes and differences between the parties in relation to, connected with and arising out of the Collaboration Agreement dated 12.11.2011 executed between the parties in respect of property bearing municipal No. 65/30, New Rohtak Road, Karol Bagh, New Delhi- 110005, admeasuring 237 sq. yds., petitioners had preferred a petition under Section 11 (6) of the Act for appointment of an Arbitrator and vide Order dated 16.12.2015 [
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 court appointed a new Sole Arbitrator following the death of the previous Arbitrator, emphasizing adherence to arbitration procedures per the Arbitration and Conciliation Act, 1996.
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.
Arbitration - Appointment of Arbitrator - An Agreement and under Clause-12 thereof parties shall resolve their dispute through arbitration and factum of appointment of Justice (Retd.) as 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....
Point of law : Arbitration Agreement – Death of Arbitrator – On death of arbitrator another arbitration appointed.
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 allows appointment of a substituted Arbitrator without restarting proceedings, ensuring continuity after the original Arbitrator's demise.
Delays in arbitration proceedings and failure to comply with the requirements of the Arbitration and Conciliation Act, 1996 can warrant the termination of an arbitrator's mandate.
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