Rajesh Kumar Bhardwaj v. Bharat Petroleum Corporation Ltd

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 12/2018 RAJESH KUMAR BHARDWAJ ..... Petitioner Through: Mr.Ravikesh K.Sinha, Adv.

versus BHARAT PETROLEUM CORPORATION LTD ..... Respondent Through: Mr.Sanjeev Sagar, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 16.05.2018 This petition has been filed under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') praying for the termination of the mandate of the Sole Arbitrator appointed by the respondent to adjudicate the disputes that have arisen between the parties in relation to the Distributorship Agreement dated 6th December, 1999.

Counsel for the respondent on instructions submits, that the respondent has no objection if the mandate of the Arbitrator is terminated and a substitute Arbitrator is appointed in his place. In view of the above, the mandate of Mr.Monir A. Khan, to act as a Sole Arbitrator shall stand terminated. I hereby appoint Ms.Ravinder Kaur, Retired District & Sessions Judge, Delhi, R/o C43, Gujranwala Apartments, Vikas Puri, New Delhi-110018, Mobile9910384660 as a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Distributorship Agreement. The Arbitrator shall give her disclosure

statement to the parties under Section 12 of the Act before proceeding with the reference.

The arbitration shall be held under the aegis of the Delhi International Arbitration Centre (DIAC) and shall be governed by the DIAC rules as to its procedure and fee.

The proceeding shall be conducted from the stage they were at before the earlier Arbitrator. The earlier Arbitrator shall transmit the entire Arbitral Record to the DIAC positively within four weeks from the service of copy of this order. The respondent shall assist the earlier Arbitrator in filing of the Arbitral Record. In case the Arbitral Record is not filed for any reason, the parties may proceed with the arbitration by filing copies of the same as are available with them.

The petition is disposed of with the above directions with no order as to costs.

NAVIN CHAWLA, J MAY 16, 2018 RN