Bharat Construction Company v. Encee Rail Engineers and Fabricators Pvt. Ltd.
Arbitration and Conciliation Act, 1996 – substitution of arbitrator
Case brief
What is this about?
Bombay High Court, Ordinary Original Civil Jurisdiction; Arbitration Petition No. 516 of 2025; Bharat Construction Company (Bombay) v. Encee Rail Engineers and Fabricators Pvt. Ltd.; Coram: Somasekhar Sundaresan, J.; decided November 14, 2025. Substitution of sole arbitrator under the Arbitration and Conciliation Act, 1996 (Section 29A) where arbitrator became de jure unable to continue upon elevation as a judge of the Court; effect of prior consensual Section 29A substitution order dated October 28, 2021; appointment of Justice (Retd.) K.R. Shriram as substitute arbitrator to continue proceedings from the existing stage; petition disposed of.
What did the court decide?
Substitution of the arbitrator by appointment of Justice (Retd.) K.R. Shriram as substitute arbitrator, to take over the proceedings from the stage at which the earlier arbitrator was unable to continue; actions pursuant to the order to be taken upon receipt of a downloaded copy from the Court's website.