Megalogix v. St Martins Diocesan School

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 26/2025, I.A. 8769/2025 MEGALOGIX .....Petitioner Through:

Mr. Niraj Kumar Singh, Adv.

versus ST MARTINS DIOCESAN SCHOOL .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 13.05.2025 1.

This is a petition filed under Section 15(2) of the Arbitration and Conciliation Act, 1996 seeking appointment of a substitute arbitrator in place of the previously appointed arbitrator.

2.

This court on 28.07.2022 appointed an arbitrator to adjudicate the disputes between the parties arising out of the agreement dated 01.01.2019. 3.

It is stated in the petition that the petitioner tried to contact the arbitrator and the appointed arbitrator sought details of the parties, so notice could be issued.

4.

However, no notice has been issued and the arbitrator also did not take any steps to enter reference.

5.

Hence, the present petition.

6.

Notice was issued on 04.04.2025.

7.

Respondent has been served but there is nobody appearing on behalf of the respondent.

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 16:33:05

8.

I am satisfied that sufficient cause has been shown for substitution of the arbitrator as the arbitrator did not enter reference for a period of more than 2 years.

9.

The mandate of the arbitrator appointed on 28.07.2022 stands terminated and Mr. Naveen Kumar Chaudhary, Adv. (Mob No. 9810372713) is appointed as an arbitrator to adjudicate the disputes between the parties. 10.

The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the 'DIAC'). 11.

The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators' Fees) Rules, 2018. 12.

The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. 13.

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.

14.

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

15.

The petition is disposed of.

JASMEET SINGH, J MAY 13, 2025/DM Click here to check corrigendum, if any 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 16:33:05