Petition concerning constitution of the arbitral tribunal was disposed of after the two side-nominated arbitrators nominated a new presiding arbitrator, replacing one who had passed away; tribunal duly constituted and proceedings at final arguments stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~8
MS SHARMA KALYPSO PVT LTD ..... Petitioner Through: Mr. Bankim Garg, Advocates. versus
ENGINEERS INDIA LIMITED ..... Respondent Through: Mr. Tejas Karia and Ms. Ananya Aggarwal, Advocates with Mr. Himanshu Singh Yadav, Deputy Manager (Legal).
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R
% 07.02.2024
Pursuant to what was recorded in last order dated 24.01.2024, Mr. Tejas Karia, learned counsel appearing for the respondent submits, that the two arbitrators nominated by each side have since nominated Hon’ble Mr. Justice J.R. Midha, former Judge of the Delhi High Court as the presiding arbitrator in the matter, in accordance with the agreed procedure for appointment of arbitrators.
Mr. Karia has handed-up a copy of communication/letter dated 01.04.2024 to support his submission.
In the circumstances, learned counsel submits that since the arbitral tribunal stands duly constituted, the present petition may be disposed-of as having been satisfied.
Learned counsel appearing on behalf of Ms. Anusuya Salwan, learned counsel appearing for the petitioner confirms that the arbitral tribunal stands constituted.
ARB.P. 1160/2023
Page 1 of 2
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:24:49
The arbitral proceedings are already at the stage of final arguments; and re-constitution of the tribunal was required inter-alia since the previous presiding arbitrator had passed away.
In view of the presiding arbitrator having been nominated and the arbitral tribunal have been duly constituted, the present petition is disposedof as having been satisfied.
Pending applications, if any, also stand disposed-of.
ANUP JAIRAM BHAMBHANI, J
FEBRUARY 7, 2024/ ak
ARB.P. 1160/2023
Page 2 of 2
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:24:49
Ms Sharma Kalypso Pvt Ltd
Engineers India Limited
Anup Jairam Bhambhani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
