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CHANDRA DHARI SINGH
Delkon Textiles Pvt. Ltd. – Appellant
Versus
Union of India – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
I.A. No. 4823/2023 (for Exemption)
Exemption allowed, subject to just exceptions.
The application is disposed of.
O.M.P.(T) (COMM.) 21/2023
1. The present petition has been filed on behalf of the petitioner under Section 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") seeking the following reliefs:
"(a) Substitute an Arbitrator under Sections 14 and 15 (2) of the Arbitration and Conciliation Act, 1996, {in place of the earlier Arbitrator Mr. Manoj Kohli who has withdrawn himself from the proceedings), to facilitate the arbitration proceedings and adjudicate the disputes and differences between the parties in Case Reference No. DAC/2759/03-2020 conducted under the aegis of the DIAC and thereafter, pronounce the arbitral award.
(b) Pass any other Order or Orders that this Hon'ble Court deems fit in the interest of equity and justice and the facts and circumstances of the case."
2. Learned counsel appearing on behalf of the petitioner submitted that the disagreements and conflicts between the petitioner and the respondents stem from a Purchase Order dated 23rd November, 2017. It is further submitted that th
The court has the authority to appoint a new arbitrator to adjudicate disputes when the earlier arbitrator withdraws from the proceedings, and the petitioner would suffer prejudice without a new arbi....
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.
The main legal point established in the judgment is the court's power to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 when no arbitrator has been appointed ....
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....
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's decision emphasizes the importance of referring disputes to arbitration in accordance with the Arbitration and Conciliation Act, 1996.
Section 11 of the Arbitration and Conciliation Act, 1996 does not provide for the substitution or termination of the mandate of an arbitrator, and cannot be invoked to substitute an arbitrator appoin....
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