Sarabjeet Singh v. Panchganga Schools Limited & Ors.

1. Though this case raised a somewhat vexed issue, regarding the interpretation of the arbitration clause in the agreement between the parties and the number of arbitrators envisaged thereby, it is a happy development that the parties have, ad idem, agreed that the petitioner would appoint one arbitrator and the respondents would appoint one 2021:DHC:2112 arbitrator and the two arbitrators would proceed to appoint the presiding third arbitrator. The petitioner has suggested the name of Hon’ble Mr. Justice Mool Chand Garg, a retired Judge of this Court and the High Court of Madhya Pradesh and the respondents have suggested the name of Hon’ble Mr. Justice Badar Durrez Ahmed, the former Chief Justice of Jammu and Kashmir, who has also adorned the Bench of this Court.

2. This Court, therefore, disposes of this petition by approving the names of the aforesaid two learned arbitrators, who are requested to confer and appoint a third presiding arbitrator, so that the coram of the learned Arbitral Tribunal would be complete.

3. In the event that the learned arbitrators, whose appointment has been approved today, are unable to agree on the name of the presiding arbitrator, the liberty shall be reserved to the parties to revive this petition, so that Court could appoint the presiding arbitrator.

4. With the aforesaid directions, this petition stands disposed of. The Court expresses its gratitude to Dr. Amit George, who has filed detailed submissions, which have been extremely illuminating in nature – though, as the matter stood resolved, the Court could not reap their benefit. In view of the order passed in the petition, this application I.A. 6453/2021 (Section 151 CPC) stands disposed of.

C. HARI SHANKAR, J.