Techno Industries Pvt Ltd v. India Bulls Infrastructure Company Limited & Ors

Delhi High Court · 15 Mar 2022 · 2022:DHC:6015
Sanjeev Narula
ARB.P.633/2021
2022:DHC:6015
civil appeal_allowed

AI Summary

The Delhi High Court allowed the petitioner’s application to replace the originally appointed arbitrator who declined the nomination, appointing a substitute arbitrator subject to statutory disclosures and eligibility.

Full Text
Translation output
fS HIGH COURT OF DELHI
ARB.P.633/2021
TECHNO INDUSTRIES PVT LTD Petitioner
Through: Mr.Shaurya Sahay,Advocate.
VERSUS
lie FORMERLY INDIABULLS INFRASTRUCTURE COMPANY
LIMITED AND ORS Respondents
Through: None
/•
ARB.P.634/2021 & LA.3853/2022
TECHNO INDUSTRIES PVT LTD ..... Petitioner
Through: Mr.Shaurya Sahay,Advocate
VERSUS
lie FORMERLY INDIABULLS INFRASTRUCTURE COMPANY
LIMITED AND ANR Respondents
Through: None
CORAM:
HON'BLE MR.JUSTICE SANJEEV NARULA
15.03.2022 I.A.3838/2022in ARB.P.633/2021 & LA.3853/2022 in ARB.P.634/2021
(under section 151 ofCPC on behalfofpetitioner seekins modification of the order dated 17"^ January,2022)
ORDER

1. In light of the reservation expressed by the Arbitrator appointed by this Court vide order dated 17"^ January, 2022, the instant application has 2022:DHC:6015 n been filed seeking modification viz. replacement ofthe arbitrator appointed therein.

2. The Arbitrator so appointed by the court, vide email dated IS'"" February 2022,had expressed his inability to accept the nomination.For the grounds and reasons stated therein,the application is allowed.

3. Accordingly, Mr. Ramesh Singh, Senior Advocate [Contact Number: 9810071712] is appointed as the Sole Arbitrator in place of Mr. Nakul Diwan,Senior Advocate in terms ofthe order dated January,2022.

4. The parties are directed to appear before the learned Substitute Arbitrator as and when notified. This is subject to the learned Arbitrator making necessary diselosure(s)under Section 12(1)ofthe Act and not being ineligible under Section 12(5)ofthe Act.

5. The learned Arbitrator will be entitled to charge his fee in terms ofthe provisions ofthe Fourth Schedule appended to the Act.

6. The applications are disposed of.

SANJEEV NARULA, MARCH 15,2022 a