IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, J
Paramount Group Pvt. Ltd. – Appellant
Versus
M/s.Land Marvel Homes – Respondent
O R D E R
This application has been filed under Section 15 of the Arbitration and Conciliation Act, 1996 (Act No.26 of 1996) ["A and C Act" for the sake of brevity] seeking for substitution of the Arbitrator appointed by this Court by an order dated 29.02.2024 in A.No.1152 of 2024 in O.P.No.636 of
2012.
2. Heard Mr.A.K.Sriram, learned Senior Counsel appearing on behalf of the applicant and Mr.K.V.Babu, learned counsel appearing on behalf of the respondents.
3. It is not necessary for this Court to go into various facts that were put forth before this Court on either side and it will suffice to find a solution in this case, which revolves around the fee that is payable to the sole Arbitrator under the Fourth Schedule to A and C Act.
4. It is brought to the notice of this Court, that the applicant has already paid Rs.17.5 Lakhs and the respondents have already paid Rs.25 Lakhs to the sole Arbitrator. The case is at the stage of cross-examination of C.W.1. Therefore, even if the Arbitrator is substituted, the parties must once again shell out money in line with the Fourth Schedule to A and C Act which will only increase the cost of the proceedings.
5. When the above was pointed out by thi
Oil and Natural Gas Corporation Limited Vs. Afcons Gunanusa JV
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