United Telecoms Ltd. v. Bharat Broadband Network Ltd.

1. The present petition has been filed by the petitioner under Section 15(2) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator in substitution.

2. For adjudication of the disputes with respondent, this Court by order dated 25.04.2019 [ in OMP. (I) (COMM) No. 125/2019] had appointed Mr. Justice (Retd.) Jagannadha Rao, the sole Arbitrator. According to petitioner, the learned Arbitrator had to adjudicate two cases APO-I and APO-II. The arbitral proceedings in respect of APO-II stood concluded and the arbitration award was rendered on 06.06.2021 and 07.07.2021 in respect thereof. 2022:DHC:570 However, arguments in APO-I though commenced but could not be completed owing to illness of the Counsel and restraints of covid pandemic.

3. Learned counsel for petitioner has submitted that an email dated 21.09.2021 has been received from the learned sole arbitrator wherein he has expressed his inability to hear the arguments in APO-I and, therefore, the present petition has been filed seeking appointment of a substituted Arbitrator.

4. Notice issued.

5. Mr. Chandan N. Kamra, Advocate, accepts notice on behalf of respondent.

6. Learned counsel for the parties submit that the case is at the advance stage of hearing arguments and this Court may appoint sole Arbitrator and also grant one year time to the arbitral tribunal for preparing and pronouncing the Award. Learned counsel for the parties have jointly proposed the name of Mr. Justice (Retd.) Mukul Mudgal for appointment as the sole Arbitrator.

7. In view of the above, the present petition is allowed. At the joint request of counsel representing both the sides, Mr. Justice (Retd.) Mukul Mudgal, former Chief Justice of Punjab and Haryana High Court, is appointed sole Arbitrator to adjudicate the disputes between the parties. The tribunal is granted one year time from today to hear the arguments and render the Award.

8. The learned Arbitrator shall decide the fee after consultation with the parties.

9. The learned Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration. Needless to say, all issues are left open for adjudication and consideration by the learned Arbitrator.

10. A copy of this order be sent to the learned Arbitrator for information.

11. The petition and pending application are accordingly disposed of.

JUDGE FEBRUARY 14, 2022 r