Asian Hotels (North) Ltd. v. M/S Ram Krishan Associates Pvt. Ltd.

Delhi High Court · 02 Sep 2024 · 2024:DHC:6731
C. Hari Shankar
OMP (T) (COMM.) 87/2024
2024:DHC:6731
civil petition_allowed

AI Summary

The Delhi High Court appointed a substitute arbitrator under Sections 14(1)(b) and 15 of the Arbitration and Conciliation Act, 1996, following the original arbitrator's recusal, directing continuation of arbitration proceedings without delay.

Full Text
Translation output
OMP (T) (COMM.) 87/2024
HIGH COURT OF DELHI
O.M.P. (T) (COMM.) 87/2024, I.A. 38099/2024
ASIAN HOTELS (NORTH) LTD. .....Petitioner
Through: Mr. Ritin Rai, Sr. Adv.
WITH
Mr. Humraaz Bir Singh, Mr. A. Kaul and
Mr. Aman Sahani, Advs.
VERSUS
M/S RAM KRISHAN ASSOCIATES PVT.
LTD. .....Respondent
Through: Mr. Deepak Dhingra, Ms. Snesh Somani and Mr. Aastik Dhingra, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (ORAL)
02.09.2024
I.A. 38099/2024 (for exemption)
JUDGMENT

1. Exemption allowed subject to all just exceptions.

2. Application stands disposed of. O.M.P. (T) (COMM.) 87/2024

3. This is a petition under Section 14(1)(b) read with Section 15 of the Arbitration and Conciliation Act, 1996[1] for appointing a substitute arbitrator, as Justice (Retd.) V. Ramasubramanian, who was “the 1996 Act”, hereinafter OMP (T) (COMM.) 87/2024 arbitrating on the disputes between the parties, has recused from the proceedings.

4. Accordingly, this Court appoints Hon’ble Mr. Justice R.K. Gauba (Tel. 9650411919), a learned retired Judge of this Court as the arbitrator. The terms and conditions of the learned arbitrator shall be the same as those which applied to Justice (Retd.) V. Ramasubramanian. The arbitration shall continue from the stage at which they were when Justice Ramasubramanian recused from the proceedings.

5. Learned Counsel for the parties state that there are 21 connected matters which were also being adjudicated by Justice Ramasubramanian. It shall be open to the parties to request to the learned arbitrator, who is being appointed today, to arbitrate on the said 21 matters.

6. The petition stands disposed of in the aforesaid terms.