M/S.United Sales Corporation Thr.Its Partners Mr.Badri R.Mander And v. Union Of India Thr. Government Pleader And Others

Digitally signed by SHRIKANT SHRINIVAS MALANI Date:

2023.03.10 14:32:15 +0530 9.ARP.110.2023.doc SHRIKANT SHRINIVAS MALANI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 110 OF 2023 M/s. United Sales Corporation Through its Partners Mr. Badri R. Mander & Anr.

...Petitioner

Versus

Union Of India Through Government Pleader & Ors.

...Respondents

***  Mr. Mihir S. Raje, for Petitioner.

 Ms. Shehnaz V. Bharucha and A.A. Ansari, for Respondents. *** CORAM : MANISH PITALE, J DATE : 09th MARCH, 2023.

P. C. :

1.

Heard, learned Counsel for the parties.

2.

By this petition filed under Section 15 of the Arbitration and Conciliation Act, 1996, the Petitioner is seeking appointment of substitute Arbitrator, in the light of the fact that the learned Arbitrator appointed by this Court by order dated 08th January, 2020, has resigned. The resignation letter sent by the learned Arbitrator is placed on record at Exhibit "K". 3.

The Respondents have appeared through Counsel and have no objection to the prayer made in the present petition. 4.

Hence, with the consent of the parties, Mr. Rakesh Kumar Agarwal, retired Additional Director General of the Central Public Shrikant

9.ARP.110.2023.doc Works Department, is appointed as the sole Arbitrator to proceed with the matter. The details of the learned Arbitrator are as follows : Mr. Rakesh Kumar Agarwal, A-15, Upper Ground Floor, Sour Extension -II, New Delhi - 110 049.

Email : rkagrawal1958@gmail.com 5.

The parties undertake to inform the learned Arbitrator immediately about the order passed today.

6.

The learned Arbitrator is requested to communicate his consent and Disclosure Statement as per Section 11(8) r/w Section 12(1) of the Aforesaid Act, within four weeks to the Registrar (Judicial) of this Court.

7.

This Court is informed that insofar as the earlier Arbitrator was concerned, the proceeding had not really began and that therefore, the learned Arbitrator appointed today can proceed with the matter afresh. Accordingly, learned Arbitrator shall proceed afresh.

8.

All questions are kept open.

9.

The petition stands disposed of.

(MANISH PITALE, J.) Shrikant