Allowed

Viresh & Anr. v. Sh. Vir Pal Singh & Ors.

Delhi HC2 Feb 2024O.M.P. (T) (COMM.)/7/2024

Case brief

AI extract

What is this about?

The Delhi High Court appointed retired judge G.S. Sistani as the new presiding arbitrator to replace the deceased Mr. G.P. Thareja under the Arbitration and Conciliation Act, 1996, and directed the proceedings to resume immediately.

What did the court decide?

Appointment of Mr. G.S. Sistani as Presiding Arbitrator; directive to continue proceedings from the existing stage.

Viresh & Anr. Vs Sh. Vir Pal Singh & Ors. — Arbitration | Delhi HC (2024)

¶1

$~34

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

+ O.M.P. (T) (COMM.) 7/2024 & I.A. 2544/2024

¶4

VIRESH & ANR. ..... Petitioners Through: Mr. Jagjit Singh, Advocate. versus

¶5

SH. VIR PAL SINGH & ORS. ..... Respondents Through: Mr. Nitish Chaudhary, Adv. for R-2 to 4 (M. 9810575121)

¶6

CORAM:

¶7

JUSTICE PRATHIBA M. SINGH

¶8

O R D E R

¶9

% 02.02.2024

¶10

This hearing has been done through hybrid mode.

¶11

The present petition has been filed by the Petitioner - Viresh and Anr., under Sections 14(2) and 15 (2) read with Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, ‘ the Act ’) for appointment of new presiding arbitrator.

¶12

Ld. Counsel appearing on behalf of the Respondent Nos. 2 to 4 submits that he has no objection if a substitute Arbitrator is appointed. Ld. Counsel for the Petitioner also prays for a substitute Arbitrator in place of Mr. G.P. Thareja.

¶13

A perusal of the list of dates would show that a three member arbitral tribunal had commenced the arbitral proceedings. The said arbitral consisted of Mr. G.P. Thareja, Mr. Ranvir Singh and Mr. Shankar Raju. Unfortunately, Mr. G.P. Thareja passed away on 27th September, 2023, hence the present petition has been filed.

¶14

Considering the nature of the disputes, Mr. G.S. Sistani, Retd. Judge

¶15

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 03/07/2025 at 04:29:28

¶16

(9871300034) of this Court is appointed as the Presiding Arbitrator to adjudicate the disputes between the parties.

¶17

The proceedings are already at the stage of evidence. The fresh arbitral tribunal with the new Presiding Arbitrator shall continue from the same stage as was left by the previous Tribunal.

¶18

Though the fee of the Presiding Arbitrator has already been paid in full, since there has been a demise, the new Presiding Arbitrator shall be paid in terms of the fourth schedule again.

¶19

The Tribunal shall endeavour to conclude the proceedings within one year.

¶20

Petition is disposed of with all pending applications, if any.

¶21

PRATHIBA M. SINGH, J.

¶22

FEBRUARY 02, 2024 mr/bh

¶23

This is a digitally signed order.

¶24

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 03/07/2025 at 04:29:28

Viresh & Anr. v. Sh. Vir Pal Singh & Ors.

Case brief

What is this about?

What did the court decide?

Viresh & Anr. v. Sh. Vir Pal Singh & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajinder Chhabra Vs M/S Showman Construction & Impex Pvt. Ltd. & Ors.

The South Indian Bank Ltd. Vs Transstroy Dindigul Theni Kumili Tollways Pvt. Ltd., & Anr.

Ajay Kumar Gupta and Others Vs Gemini Sewing Machine Co. Pvt. Ltd.

M/S G4S Security Services India Pvt. Ltd. Vs M/S Daoji Agro Pvt. Ltd.

Premco Rail Enginners Ltd. Vs Container Corporation of India Ltd.

Kriva Corporation Vs Tipping Mr Pink Pvt. Ltd.