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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Sanjay Singh Negi - Appellant
Versus
Dayanand Medical College and Hospital Managing Society - Respondent
Arb.P. 752 of 2020 & I.A. 6889 of 2021 and I.A. 6890 of 2021
Decided On : 31-05-2021
The court emphasizes timely appointment of arbitrators to prevent delays in arbitration proceedings, crucial for resolving disputes efficiently.
Headnote:(A) Arbitration and Conciliation Act, 1996 - Appointment of Arbitrator - A fresh arbitrator appointed due to recusal of the previous arbitrator in dispute originally concerning an amount of Rs.27 crores, later clarified to be Rs.5 crores - Mr. Gautam Narayan appointed as arbitrator under same terms as earlier. (Paras 3, 5, 7)
(B) The court recognized the necessity to resolve arbitration disputes efficiently, emphasizing the importance of timely appointments in ensuring the arbitration process is not delayed. (Para 4)
Facts of the case:
The dispute arose between the appellant and respondent necessitating arbitration. The initially appointed arbitrator recused from the proceedings, prompting the need for a new appointment due to the clarified lower amount in contention.
Findings of Court:
The appointment of a new arbitrator was essential to continue the arbitration process while maintaining the original terms applicable to the previous arbitrator.
Issues: The main issue concerned the appointment of a new arbitrator after the recusal of the prior arbitrator amidst a discrepancy in the initially reported amount in dispute.
Ratio Decidendi: The court determined the need for appointing a new arbitrator to ensure that arbitration proceedings progress without unreasonable delays, highlighting the judicial responsibility to facilitate effective resolution of disputes.
Result: Application stands disposed of; new arbitrator appointed.
| Table of Content |
|---|
| 1. exemption applications allowed. (Para 1 , 2) |
| 2. new arbitrator appointed due to recusal. (Para 3 , 4) |
| 3. arbitration appointment terms remain unchanged. (Para 5 , 6 , 7) |
ORDER (Oral)
(Video-Conferencing)
I.A. 6890/2021 in ARB.P. 752/2020
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
I.A. 6889/2021 in ARB.P. 752/2020
3. As the learned Arbitrator who was requested by this Court to arbitrate on the dispute between the parties has recused from the proceedings, this application seeks that a fresh arbitrator be appointed to arbitrate on the dispute.
4. It is informed that the amount in dispute is not Rs.27 crores as earlier informed to the Court but only in the region of Rs.5 crores.
5. In view thereof, this Court appoints Mr. Gautam Narayan (Cell: 9811411735), Advocate, as the Arbitrator to arbitrate on the dispute between the parties in place of the learned Arbitrator who was requested to do so by the earlier order passed by this Court.
6. The terms and conditions of appointment shall be the same as those which applied to the earlier learned Arbitrator.
7. This application stands disposed of accordingly.
