M/S Lakeshwari Builders Pvt. Ltd. Vs M/S Telecommunications… — Arbitration | Delhi HC (2026)

M/S Lakeshwari Builders Pvt. Ltd. Vs M/S Telecommunications… — Arbitration | Delhi HC (2026)

What the court decided

AI extract

Outcome

Substitution of the sole arbitrator: Mr. Sanjivan Kumar Sarvaria, District Judge (Retd.), appointed as sole arbitrator in place of the deceased arbitrator (Late Sh. A.K. Jain); proceedings to be held under the aegis of DIAC with fee as per fee schedule; arbitrator to comply with Section 12 of the Act before entering upon reference; liberty to parties to file claims/counterclaims.

Issue for consideration

Whether the arbitrator is required to be substituted following the demise of the sole arbitrator and termination of his mandate by operation of law.

Court's answer

Upon the demise of the sole arbitrator on 23.09.2025, his mandate stood terminated by operation of law, necessitating substitution.

Ratio / Principle

The petition for substitution of the arbitrator is allowed; Mr. Sanjivan Kumar Sarvaria, District Judge (Retd.), is appointed as the sole arbitrator and shall substitute the earlier arbitrator.

Key takeaways

Arbitral proceedings will be held under the aegis of the Delhi International Arbitration Centre (DIAC); the arbitrator's fee shall be fixed as per the fee schedule.ratio¶18
Before entering upon reference, the arbitrator shall comply with Section 12 of the Act.ratio¶19
The Court has not expressed any opinion on the merits of the rival claims; it is open to the parties to file their respective claims/counterclaims before the arbitrator, to be considered in accordance with law.ratio

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 — Sections 14 and 15 — Substitution of arbitrator — Sole arbitrator (Late Sh. A.K. Jain, appointed 13.03.2013) died on 23.09.2025 while the matter was at final arguments, resulting in termination of his mandate by operation of law — Petition under Sections 14 and 15 allowed, respondent raising no objection — Mr. Sanjivan Kumar Sarvaria, District Judge (Retd.), appointed as sole arbitrator in substitution — Proceedings to be held under the aegis of DIAC; fee as per fee schedule — Arbitrator to comply with Section 12 before entering upon reference — Court expressed no opinion on merits; parties free to file claims/counterclaims.

$~66

IN THE HIGH COURT OF DELHI AT NEW DELHI

- O.M.P.(T) 2/2026 & I.A. 9237/2026

M/S LAKESHWARI BUILDERS PVT. LTD. .....Petitioner

Through: Mr. Nitin Gaur, Mr. G. S. Arora and Mr. Anshul Singh, Advs.

versus

M/S TELECOMMUNICATIONS CONSULTANTS INDIA LTD .....Respondent Through: Mr. Chandan Kumar and Mr. Vikram Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

O R D E R

% 07.04.2026

This petition is filed under Section 14 and 15 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) for substitution of the arbitrator. 2. Brief facts are that the parties to the lis entered into an agreement and tripartite agreement dated 14.01.2010 and 25.02.2011 respectively. Dispute arose between the parties. Article 10 of the agreement provided for dispute resolution through arbitration and the arbitration was invoked by the claimant by issuing notice dated 04.02.2013. Late Sh. A.K. Jain was appointed as sole arbitrator on 13.03.2013 and the matter progressed to final arguments. However, the proceedings came to a standstill upon the demise of the arbitrator on 23.09.2025 which resulted in termination of mandate by operation of law, hence the present petition.

Learned counsel for the respondent on instructions has no objection for substitution of the arbitrator.

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 13/04/2026 at 12:10:18

The petition is allowed.

Mr. Sanjivan Kumar Sarvaria, District Judge (Retd.), Mobile No. 9910384642) is appointed as the sole arbitrator and shall substitute the earlier arbitrator.

Arbitral proceedings will be held under the aegis of Delhi International Arbitration Centre (DIAC). Fee of the arbitrator shall be fixed as per fee schedule.

Before entering upon reference, the arbitrator will comply with Section 12 of the Act.

It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties and it will be open for the parties to file their respective claims/counter claims before the arbitrator which will be considered in accordance with law.

A copy of this order be forwarded to the arbitrator for information.

AVNEESH JHINGAN, J

APRIL 7, 2026 Ch

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 13/04/2026 at 12:10:18