HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Application No. 49/2022

In

S.B. Arbitration Application No.130/2017

Om Prakash Raheja aged 66 years S/o Late Shri Hari Ram

Raheja resident of S-15 C, Mahavir Marg, C-Scheme Jaipur

302001.

----Petitioner

Versus

Suresh Chandra Kedawat Aged About 60 Years S/o Late Shri R P

Kedawat,, Resident Of Kedawat Bhawan, Durgapura, Tonk Road,

Jaipur-302018.

----Respondent

For Petitioner(s)

:

Mr. Zubin Mehta for

Mr. Kersi Jehangir Mehta

For Respondent(s)

:

Mr. Abhishek Wadhwa for

Mr. Rajendra Kumar Salecha

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

03/08/2022

1.

The matter comes up on an application filed by the applicant

seeking termination of mandate of Hon’ble Mr. Justice P.S.

Asopa(Retired) as he has not been able to continue the

proceedings since Oct. 2021.

2.

It is contended by counsel for the applicant that matter is at

the stage of final arguments.

3.

Counsel for non-applicant has not objected the application.

4.

A prayer is made by counsel for the parties to appoint a fresh

arbitrator from the stage at which it is pending before Hon’ble Mr.

Justice P.S. Asopa(Retired).

5.

I have considered the contentions.

(2 of 3)

[CMAP-49/2022]

6.

This Court had earlier vide order dated 04.05.2018 appointed

Hon’ble Mr. Justice P.S. Asopa(Retired) in place of Hon’ble Mr.

Justice Mahesh Bhagwati(Retired).

7.

It is informed by counsel for the parties that they have paid

fees to Hon’ble Mr. Justice Mahesh Bhagwati(Retired) as per

directions of the Court dated 04.05.2018. It is also contended that

they have paid the entire fees to Hon’ble Mr. Justice P.S. Asopa.

8.

Since the parties have paid fees to earlier arbitrator and the

matter is at the stage of final arguments, this Court deems it

proper to direct the parties to pay Rs.25,000/- each to the new

arbitrator being appointed by the Court.

9.

Civil Miscellaneous Application is accordingly, allowed and

mandate of the Hon’ble Mr. Justice P.S. Asopa(Retired) is

terminated.

10.

This Court appoints Hon’ble Mr. Justice Goverdhan Bardhar,

B-18F, Bardhar Lane, Todarmal Marg, Banipark near Hindustan

Times Office Jaipur-302016, as an Arbitrator to decide the dispute

from the stage at which it is pending before Hon’ble Mr. Justice

P.S. Asopa(Retired).

11.

The appointment of the sole arbitrator is subject to the

declarations being made under Section 12 of the Arbitration &

Conciliation Act, 1996 with respect to independence and

impartiality, and the ability to devote sufficient time to complete

the arbitration within the prescribed period.

12.

Registry is directed to intimate Hon’ble Mr. Justice Goverdhan

Bardhar, B-18 F, Bardhar Lane, Todarmal Marg, Banipark Near

(3 of 3)

[CMAP-49/2022]

Hindustan Times Office Jaipur-302016 and obtain his formal

consent.

(PANKAJ BHANDARI),J

HEENA/17