Era Infra Engineering Limited v. Bhartiya Rail Bijlee Company Limited

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 15/2025 ERA INFRA ENGINEERING LIMITED .....Petitioner Through:

Mr. Udit Seth and Mr. Vivek G.B., Advocates versus BHARTIYA RAIL BIJLEE COMPANY LIMITED.....Respondent Through:

Mr. Ashim Vachher, Sr. Adv with Mr. Vaibhav Dabas, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 12.02.2025 I.A. 3637/2025, I.A. 3638/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P. (T) (COMM.) 15/2025 1.

This Petition under Section 14 & 15 of the Arbitration Act has been filed by the Petitioner seeking substitution of the sole Arbitrator appointed by this Court vide Order dated 26.02.2019, in O.M.P. (T) (COMM.) 127/2018.

2.

Material on record indicates that this Court vide Order dated 26.02.2019 appointed Hon'ble Mr. Justice Jagannadha Rao, former Judge Supreme Court of India, as the arbitrator to adjudicate on the disputes between the parties.

3.

It is stated that on 25.11.2024, Hon'ble Mr. Justice Jagannadha Rao, former Judge Supreme Court of India, passed away. The Petitioner has, 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 01/07/2025 at 16:32:57

therefore, approached this Court for appointment of substitute Arbitrator. 4.

Accordingly, Justice Indira Banerjee, Former Judge, Hon'ble Supreme Court (Mob No.9560808777) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties. 5.

The learned Arbitrator shall be entitled to fees as per the Fourth Schedule of the Arbitration & Conciliation Act, 1996. 6.

The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act, 1996 within a week of entering on reference.

7.

All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

8.

Needless to say, nothing in this order shall be construed as an expression of this Court on the merits of the contentions of the parties. 9.

The present petition stands disposed of in the above terms along with pending application(s), if any.

SUBRAMONIUM PRASAD, J FEBRUARY 12, 2025 Rahul 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 01/07/2025 at 16:32:57