Full Text
O.M.P. (T) (COMM.) 62/2024
AHLUWALIA CONTRACTS INDIA LTD .....Petitioner
Through: Mr. Nishi Kant Singh, Adv.
Through: Mr. Shoumendu Mukherji, Mr. Santosh Kumar, Ms. Megha Sharma and Mr. Akanksha Gupta, Advocates for R1
08.07.2024 I.A. No.32587/2024 (Exemption)
JUDGMENT
1. Allowed subject to all just exceptions.
2. Application stands disposed of. O.M.P. (T) (COMM.) 62/2024
3. This is a petition under Section 15 (1) and (2) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the ‘1996 Act’).
4. The arbitral disputes which arose between the parties were referred by a Coordinate Bench of this Court by order dated 9 August 2023 in Arb. P. 274/2023 to Hon’ble Ms. Justice G. Rohini, a Retired Chief Justice of this Court, to arbitrate thereon under the aegis of the OMP (T) (Comm) 62/2024 Delhi International Arbitration Centre (DIAC) with the fee fixed in accordance with the Fourth Schedule to the Arbitration and Conciliation Act, 1996.
5. As the learned Arbitrator has shifted to Hyderabad, she has recused from the arbitral proceedings vide email dated 11 May 2024.
6. Accordingly, this petition has been preferred by the petitioner under Section 15(2) of the 1996 Act for appointment of a substitute Arbitrator.
7. This Court, therefore, appoints Mr. A.K Panda, Senior Advocate (Tel: 9810067899) as the Arbitrator and requests the Arbitrator to arbitrate on the proceedings and continue the proceedings from the stage at which they presently stand.
8. The fee of the learned Arbitrator shall also be fixed in accordance with Fourth Schedule to the 1996 Act.
9. The petition stands disposed of, accordingly.