MONEYWISE FINANCIAL SERVICES PVT LTD v. ABDUL KHALID AND ANR

Delhi High Court · 22 Jan 2024 · 2024:DHC:5641
C. Hari Shankar
OMP(T)(COMM) 68/2024
2024:DHC:5641
civil petition_allowed

AI Summary

The Delhi High Court appointed a substitute arbitrator under Sections 14(1)(a) and 15(2) of the Arbitration and Conciliation Act, 1996 after the original arbitrator recused himself, directing continuation of arbitration under prior terms.

Full Text
Translation output
OMP(T)(COMM) 68/2024
HIGH COURT OF DELHI
O.M.P. (T) (COMM.) 68/2024 and IA 34651/2024
MONEYWISE FINANCIAL SERVICES PVT LTD ..Petitioner
Through: Mr. Mehvish Khan, Advocate
VERSUS
ABDUL KHALID AND ANR .....Respondent
Through: Mr. Dhan Mohan, Ms. Tanisha Bhatia, Mr. Suyash Pathak, Ms. Jyoti Tripathi, Ms. Jaskaran Kaur, Ms. Nandini Tomar, Mr. Iqbal Abdul Subham and Ms. Nishi, Advocates
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER (ORAL)
29.07.2024
JUDGMENT

1. This is a petition filed under section 14(1)(a) read with Section 15(2) of the Arbitration and Conciliation Act, 1996 (“1996 Act”) for substitution of the Arbitrator who was arbitrating on the disputes between the parties as he has recused from arbitration.

2. Accordingly, this Court appoints Mr. Sameer Sharma, Adv. (Cell: 9213857759) as the Arbitrator to arbitrate on the disputes between the parties.

3. The arbitration shall take place on the terms and conditions contained in the order dated 22 January 2024 in Arb. Pet. 784/2023.

4. The arbitration shall be under the aegis of the Delhi OMP(T)(COMM) 68/2024 International Arbitration Centre (DIAC) and shall abide by its rules and regulations.

5. The fee of the learned Arbitrator shall be as per the schedule of fees fixed by the DIAC.

6. The learned Arbitrator shall also file the requisite disclosure under Section 12 of the 1996 Act within a week of entering on reference.

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