The petitioner had filed the present petition under the provisions of Section 15 of the Arbitration and Conciliation Act, 1996 seeking substitution of appointed sole Arbitrator, and the same issue was held in the judgement passed by a Single bench judge HON’BLE MR. JUSTICE SURESH KUMAR KAIT, in the matter GIRDHAR IMPEX LIMITED V. A AND A AUTOMOBILES PVT LTD. dealt with an issue mentioned above.
In this case, the petitioner was the owner of the property bearing plot no. E-7, Sector 63, Noida, Phase-HI, District Gautam Buddha Nagar, U.P., admeasuring 1950 sq. mtrs, where the property was let out on rent to the respondent under a duly registered Lease Deed dated 15.11.2019.
The petitioner being deprived of his right to physical possession of the O.M.P. (T) (COMM.) 95/2021 demised premises and also the arrears of rent, approached this Court under Section 9 of the Arbitration and Conciliation Act, 1996, later Court disposed of the said petition and granted interim relief in favour of petitioner vide order dated 27.01.2021.
The later petitioner approached this Court under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of Sole Arbitrator and vide order dated 24.03.2021, this Court appointed Mr Justice (Retd.) B.D. Ahmad sole Arbitrator. However, the learned Arbitrator has rescued himself from the case and terminated his mandate vide order dated 16.06.2021.
During the hearing, learned counsel for parties agreed for O.M.P. (T) (COMM.) 95/2021 appointment of substituted sole Arbitrator by this Court to adjudicate the disputes between the parties. Accordingly, Mr Justice (Retd.) P.K. Bhasin (Mobile 9871300032) is appointed sole Arbitrator to adjudicate the dispute between the parties.
The court perused the facts and argument’s presented, it thought that- “The learned Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration. The petition is accordingly disposed of”.
Judgment Reviewed by: Mandira BS
