Roshanlal Vohra & Sons v. MCD & Anr

2. Brief facts of the petition are that the petitioner filed petition under Section 11 of ttre Arbitration and Conciliation Act, 1996 for appointrnent of an A,tbihator to adjudicate the disputes between the petitioner and the respondent before this court in Albitration Petition No. 174 of 2010.The petitioner subrnits that the petition calne up for hearing and after hearing the parties, Shd H.P. Shann[4] Additional District Judge(Retd.) was appointed as a sole albitrator vide order dated L.4.2011 to adjudicate upon the disputes between the parties.

3. The petitioner subrnits that the parties agreed that the arbin'ation shall i- Oil,IP No.27I/2012 Page I of[2] 2013:DHC:8379 l-\ be conducted under the rules of Delhi High Court Arbitration Centre. The petitioner submits that the counsel for the petitioner received a cornmunication dated 21't May 2011 frorn Delhi High Court Arbitration Centre that Shri H.P. Shanna, appointed arbitrator has expressed his inability to act as an arbitator for personal reasons. The petitioner submits that as per Section 15 of the Arbitration and Conciliation Act,l996 the mandate of the appointed arbitrator tenninates and substitute arbitrator is to be appointed in his place.

4. The petitioner subrnits that neither there is any legal impediment in appointrnent of substitute albin'ator nor is there any intentional delay in filing the application as the sole proprietor of the petitioner firm was not keeping well. The petitioner fuither submits that no prejudice will be caused to the respondent if substitute albin'ator is appointed. The prayer of this petition is allowed accordingly. Mr.M.S. Sabharwal, retired ADJ, (Mob. 97IIIL9304, Phone. 27410613) is appointed as substituted Arbitrator in place of Sh.H.P. Sharma who will adjudicate the dispute between the parties on the same tenns on which Sh.H.P. Sharma was appointed.

5. Mr.H.P. Sharma is to hand over the entile record which is available to hirn to the substituted Arbitra.tor within four weeks from today.

6. Copy of order be communicated to the substituted Arbitrator MI.M.S. Sabharwal, Sh.H.P. Sharma as well as to both parties. One copy of this order be also sent to Delhi High Court Arbitration Cente. / -rrnnN bY 4 Y ), t (TIIANMOHAN SrNGH)z JUDGE MARCH I[4],2OI[3] FC