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2022 Supreme(Jhk) 1198

SUJIT NARAYAN PRASAD
Delhi Integrated Multi Modal Transit System Limited (DIMTS) – Appellant
Versus
Jharkhand Urban Infrastructure Development Company Limited (JUIDCO) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajesh Kr. Mahata, M. Minakshi Jyoti, Advocate
For the Respondents:Mr. Krishna Murari, Advocate

JUDGMENT :

This Court has passed an order on 17.02.2022, whereby and whereunder, by invoking the jurisdiction conferred to this Court under Section 11 (6) (C) of the Arbitration & Conciliation Act, 1996 and in view of the condition stipulated under Clause 21.3 of the Agreement, Hon’ble Mr. Justice D.N. Prasad (Retd.), Former Judge of this Court has been appointed to act as the sole Arbitrator for adjudication of the dispute between the parties

2. A letter dated 29.03.2022 has been received which has been placed before this Court, whereby and whereunder, Hon’ble Mr. Justice D.N. Prasad (Retd.), Former Judge of this Court, has communicated to the Registrar General of this Court refusing his consent to act as Arbitrator and thereby, the matter has been placed before this Court for passing appropriate order for appointment of sole Arbitrator.

3. It has been informed to this Court on behalf of the learned counsel for the respondents that Hon’ble Mr. Justice N.N. Tiwari (Retd.), Former Judge of this Court, may be appointed as sole Arbitrator for resolution of the dispute in between the parties.

4. Considering the aforesaid suggestion, this Court is of the view that the order dated 17.02.2022

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