Srei Infrastructure Finance Limited v. National Institure Of Electronics And Information Technology

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(T) 5/2018 SREI INFRASTRUCTURE FINANCE LIMITED ..... Petitioner Through Ms.Dibyadyutt Banerjee and Ms.Anna Malhotra, Advs.

versus NATIONAL INSTITUTE OF ELECTRONICS AND INFORMATION TECHNOLOGY ..... Respondent Through Mr.Vinod Diwakar, CGSC with Ms.Kashish Bajaj, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 08.10.2018 I.A. No.13894/2018 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(T) 5/2018 This petition under Section 14 read with Section 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the „Act‟) has been filed by the petitioner praying for the termination of the mandate of the Sole Arbitrator appointed by this Court vide order dated 24.07.2018 in ARB.P.392/2018 Srei Infrastructure Finance Limited v. National Institute of Electronics and Information Technology.

The ground for seeking termination is that the Arbitrator vide letter dated 21.09.2018 expressed his inability to proceed with the reference.

Learned counsel for the respondent, who appears on an advance notice, does not dispute the above facts and infact submits that the respondent has no objection to the appointment of a substitute Arbitrator. Having noted the contents of the petition and in view of the no objection expressed by the learned counsel for the respondent, the mandate of Justice M.L. Verma (Retired), who had been appointed as an Arbitrator vide order dated 24.07.2018 referred to hereinabove, is terminated and I appoint Hon'ble Ms. Justice G. Rohini (Former Chief Justice of this Court) (Mob. No.8527027027) as a Sole Arbitrator for adjudicating the disputes that have arisen between the parties.

The substitute Arbitrator shall give disclosure in terms of Section 12 of the Act before proceeding with the reference. The petition is allowed in the above terms, with no order as to cost. Dasti.

NAVIN CHAWLA, J OCTOBER 08, 2018/Arya