Savelife Institute Of Medical Sciences Pvt Ltd v. Anh Technologies Pvt Ltd

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (T) (COMM.) 74/2024 & I.A. 35806/2024 SAVELIFE INSTITUTE OF MEDICAL SCIENCES PVT LTD .....Petitioner Through:

Mr. Parveen Kumar Aggarwal, Mr.

Abhishek Grover, Advocates.

versus ANH TECHNOLOGIES PVT LTD .....Respondent Through:

Mr.

Naman Joshi, Mr.

Guneet Sidhu, Ms.

Seema Joshi, Mr.

Aman Rajoriya, Ms. Amber and Mr. Aryan Verma, Advocates.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 08.08.2024 1.

The petitioner has approached this Court, under Section 15 of the Arbitration and Conciliation Act, 1996 ["the Act"], for termination of the mandate of the learned Arbitrator, who is in seisin of disputes between the parties under a Memorandum of Understanding dated 03.12.2021, and for appointment of a substitute arbitrator.

2.

The learned Arbitrator was appointed by an order of this Court dated 08.02.2024 in ARB.P. 822/2023. However, he has recused himself by order dated 13.07.2024. The arbitration proceedings are pending at the stage of completion of pleadings.

3.

Mr. Naman Joshi, learned counsel, appears on behalf of the O.M.P. (T) (COMM.) 74/2024 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 13/08/2024 at 12:36:14

respondent, and has no objection to the relief sought in this petition. 4.

Consequently, with the consent of learned counsel for the parties, the mandate of the learned Arbitrator appointed by the order dated 08.02.2024, is terminated. Mr. Harish Dudani, former District Judge, [Tel: 9910384728], is appointed as the Arbitrator. The arbitration will be held under the aegis of Delhi International Arbitration Centre, Delhi High Court, Shershah Road, New Delhi-110503 ["DIAC"], and will be governed by the Rules of DIAC, including as to the remuneration of the learned Arbitrator.

5.

The learned Arbitrator is requested to furnish a declaration under Section 12 of the Act, prior to entering upon the reference. 6.

The pleadings filed by the parties before the erstwhile Arbitrator will be placed by learned counsel for the parties before the learned Arbitrator appointed today.

7.

The petition, alongwith pending application, is disposed of. PRATEEK JALAN, J AUGUST 8, 2024 SS/ O.M.P. (T) (COMM.) 74/2024 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 13/08/2024 at 12:36:14