The Court appointed a Substitute Sole Arbitrator under Section 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996, after the previously appointed arbitrator recused himself. The respondent raised no objection.
Appointment of Mr. Rajiv Shakdher as Substitute Sole Arbitrator.
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Arb.O.P.(Comm.Div.) No.504 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.12.2024 CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI
Arb.O.P.(Comm.Div.) No.504 of 2024
Mindgate Solution Private Limited, Represented by its Director Office at 14th Floor, DamjiShamji Business Galleria, Lal Bahadur Shastri Marg, Kanjumarg West, Mumbai – 400 078.
...Petitioner
vs.
Equitas Small Finance Bank Limited, 4th Floor, Phase – 2, Spencer Plaza, 769, Anna Salai, Chennai – 600 002.
... Respondent
PRAYER : Arbitration Original Petition filed under Sections 11 (6) of the Arbitration and Conciliation Act, 1996 to appoint a Substitute Sole Arbitrator for and behalf of the petitioner and respondent to enter reference of and adjudicate upon the disputes between the parties under the MSA; Allow the cost of the petition in favour of the petitioner and against the respondent.
For Petitioner : Mr.Gaurav Dhwaj for M/s.Dhwaj and Associates
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For Respondent : Mr.P.Giridharan
ORDER
The above petition has been filed under Section 11(5) and 11(6) r/w Section 15(2) of the Arbitration and Conciliation Act, 1996, to appoint a Substitute Sole Arbitrator for and behalf of the petitioner and the respondent
to enter reference and adjudicate upon the disputes between the parties.
2.I have heard Mr.Gaurav Dhwaj, for M/s.Dhwaj and Associates,
learned counsel for the petitioner and Mr.P.Giridharan, learned counsel for the respondent.
3.In and by a Service Agreement dated 15.09.2022, the parties had agreed upon referring the disputes to the arbitration. In fact, subsequent to the disputes arising between the parties, the petitioner invoked the arbitration clause by notice dated 22.08.2023, nominating a former Judge of
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this Court to act as a Sole Arbitrator. The respondent, by reply, sent a E-mail
dated 25.08.2023 and refused to agree to the nominees proposed by the petitioner. The petitioner therefore filed the present petition before this Court and by order dated 06.02.2024, this Court appointed Mr.Justice K.Kannan, Former Judge, Punjab & Haryana High Court, as Sole Arbitrator with the consent of both the parties. However, pending arbitration proceedings, the Sole Arbitrator recused himself and terminated his mandate on 11.10.2024, thereby necessitating the present original petition for appointment of a Substitute Sole Arbitrator.
4.Mr.P.Giridharan, learned counsel appearing for the respondent would submit that he has no objection for appointment of a Substitute Sole Arbitrator in view of Justice Mr.K.Kannan recusing himself.
5.Considering the above and the nature and scope of the disputes between the parties, I hereby appoint Mr.Rajiv Shakdher, Former Chief Justice (Retd), High Court of Himachal Pradesh, as the Sole Arbitrator, Mob.No.9717495004, E.Mail address [email protected] . The sole Arbitrator is directed to enter upon reference and adjudicate the dispute
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in accordance with law.
IV to the Act. This Court further requests the learned Arbitrator to endeavor to decide the dispute as expeditiously as possible, however, not later than nine (9) months from the date of his entering into reference.
12.12.2024
ata Index : Yes / No Internet : Yes / No
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P.B.BALAJI, J.,
ata
Arb.O.P.(Comm.Div.) No.504 of 2024
12.12.2024
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1 issue framed by the court
Whether a Substitute Sole Arbitrator should be appointed following the recusal and termination of the mandate of the previously appointed arbitrator?
2 provisions across 1 enactments
Mindgate Solution Private Limited
Equitas Small Finance Bank Limited
P.B.BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
