2025 Supreme(Online)(Ker) 56701
IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
M/S.PJB ENGINEERS PVT. LTD – Appellant
Versus
COCHIN INTERNATIONAL AIRPORT LTD. – Respondent
ARB.P. NO.2 OF 2025 | ARB.P. NO. 3 OF 2025
For the Appellants/Petitioners: SHRI.RAJIV ABRAHAM GEORGE, SHRI.SATISH MOHAN
For the Respondents: SHRI.M.GOPIKRISHNAN NAMBIAR, SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SHRI.PAULOSE C. ABRAHAM, SHRI.RAJA KANNAN, SHRI.DOMINIC ANTONY
The court allows the substitution of an arbitrator upon mutual agreement of the parties in arbitration matters.
Headnote:In the context of Arbitration Petitions, the petitioner seeks to replace the arbitrator initially appointed by the court's orders dated 30.03.2022 due to the current arbitrator's inability to proceed. Both parties consent to the appointment of Retired Justice T.R.Ramachandran Nair as the new arbitrator in these matters. The court authorizes the appointment and requests the outgoing arbitrator to facilitate the transfer of records to the newly appointed arbitrator promptly. The court’s determination reflects the cooperative agreement between both parties as well as the importance of continuity in arbitration proceedings.
O R D E R
In these two Arbitration Petitions, the petitioner is seeking to substitute the Arbitrator appointed by this Court by orders dated 30.03.2022 in Arbitration Requests 8 of 2022 and 9 of 2022. It is submitted by both sides that the learned Arbitrator appointed is now not in a position to proceed further. Both sides agree that a former Judge of this Court, retired Justice T.R.Ramachandran Nair can be appointed as the Arbitrator in both proceedings.
Therefore these Arbitration Petitions are allowed. Retired Justice T.R.Ramachandran Nair is appointed as Arbitrator in both cases.
Mrs.Justice K.Hema who was appointed as an Arbitrator by orders dated 30.03.2022 in Arbitration Requests Nos.8 of 2022 and 9 of 2022 is requested to make arrangements to provide the records to the newly appointed Arbitrator expeditiously.
Sd/-