Zee Entertainment Enterprise Ltd. v. Shabnam Dhillon & ORS.

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 52/2018 ZEE ENTERTAINMENT ENTERPRISE LTD.

..... Petitioner Through:

Mr. Parag Tripathi and Mr. Darpan Wadhwa, Sr. Advocates with Ms.

Shyel Trehan, Ms. Akshita Sachdeva, Mr. Aman Shukla and Mr. Yakshay Chheda, Advs versus SHABNAM DHILLON & ORS.

..... Respondents Through:

Mr. Tishampati Sen and Mr. Riddhi Sanchet, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 05.07.2018 I.A. No.8536/2018 This is an application filed under Section 15 of the Arbitration and Conciliation Act, 1996 (in short '1996 Act'). In sum, the petitioner seeks appointment of a sole Arbitrator in place of the earlier Arbitrator i.e. Ms. Indu Malhotra, in view of the fact that she has been elevated to the Bench of the Supreme Court. Issue notice.

3.1 Mr. Tishampati Sen accepts notice on behalf of the respondents.

3.2 Learned counsel says that, given the circumstances, the respondents will have no objection to the appointment of another

Arbitrator.

Accordingly, learned counsel for the parties, based on instructions, agree to the appointment of Hon'ble Mr. Justice D.K. Jain (former Judge of the Supreme Court) as the substitute Arbitrator. It is ordered accordingly.

Hon'ble Mr. Justice D.K. Jain will conduct the arbitration from the point it is presently positioned. The Hon'ble Arbitrator will be at liberty to fix his own fee.

I am informed by the learned counsel for the respondents that the respondents have moved an application under Section 16 of the 1996 Act and that this application is yet to be adjudicated upon. 7.1 Needless to say, the Hon'ble Arbitrator, now appointed by this Court with the consent of the parties, shall adjudicate upon the said application after giving due opportunity to all concerned. The application is, accordingly, disposed of. RAJIV SHAKDHER, J JULY 05, 2018