Allowed

Late Gajinder Pal Singh Rana through Shri S.P.S. Rana v. Late Smt. Veenu Nangia through Lrs. & Ors.

Delhi HC12 Aug 2024O.M.P. (T) (COMM.)/58/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition under Section 15 of the Arbitration and Conciliation Act, 1996, for substitution of the sole arbitrator who recused himself. The court appointed Mr. Ravi Sikri as the new sole arbitrator and directed proceedings under DIAC.

What did the court decide?

Petition allowed; Mr. Ravi Sikri appointed as sole arbitrator; arbitration to start under DIAC with parties to approach within two weeks.

Late Gajinder Pal Singh Rana through Shri S.P.S. Rana Vs Late Smt… — Arbitration | Delhi HC (2024)

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$~8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P. (T) (COMM.) 58/2024

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LATE GAJINDER PAL SINGH RANA THROUGH SHRI S.P.S. RANA .....Petitioner

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Through: Mr Rikky Gupta and Ms Ananya Singh, Advs.

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versus

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LATE SMT. VEENU NANGIA THROUGH LRS. & ORS.

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.....Respondents Through: Mr Raghu Tandon, Adv. (through VC)

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CORAM:

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HON'BLE MR. JUSTICE JASMEET SINGH O R D E R

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% 12.08.2024

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This is a petition under section 15 of the Arbitration and Conciliation Act, 1996 seeking substitution of the learned arbitrator for adjudication of disputes in the case titled “ G.P.S Rana, through his legal heirs v. Veenu Nangia .”

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On 22.04.2024, the learned Arbitrator informed the parties that he is unable to continue due to personal reasons. Hence, the present petition has been filed seeking substitution of the Sole Arbitrator.

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Mr Tandon, learned counsel appears for the respondents and states that he has no objection to the petition being allowed leaving all his contentions on merits open to be agitated before the learned Arbitrator.

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For the said reasons, keeping all the objections of the respondent on legal as well as factual issues open, the petition is allowed and the following directions are issued:-

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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 21/08/2024 at 15:16:02

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i) Mr. Ravi Sikri, Senior Advocate (Mob. No. 9811025852) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

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ii) The arbitration will be held under the aegis of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the „DIAC‟). The remuneration of the learned Arbitrator shall be in terms of the Fourth Schedule of the Arbitration & Conciliation Act, 1996.

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iii) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference.

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iv) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties, are left open for adjudication by the learned arbitrator.

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v) The arbitration shall be started from the stage where the previous Arbitrator had recused himself.

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vi) The parties shall approach the learned Arbitrator within two weeks from today.

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AUGUST 12, 2024/ sr

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JASMEET SINGH, J Click here to check corrigendum, if any

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This is a digitally signed order.

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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 21/08/2024 at 15:16:02

Late Gajinder Pal Singh Rana through Shri S.P.S. Rana v. Late Smt. Veenu Nangia through Lrs. & Ors.

Case brief

What is this about?

What did the court decide?

Late Gajinder Pal Singh Rana through Shri S.P.S. Rana v. Late Smt. Veenu Nangia through Lrs. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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