M/S.Santosh Engineering Company v. Abraham Samuel

K.KUMARESH BABU, J.

This application has been filed under Section 14-B of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act' for short) by the petitioners seeking to terminate the mandate of the second respondent as the Arbitrator and substitute and appoint Mr. M.K.Kabir, learned Senior Advocate as Sole Arbitrator.

2.

After notice, the first respondent had appeared and there is no appearance on behalf of the second respondent.

3.

The learned counsel appearing for the first respondent would submit that he has no objection for ordering the application as prayed for. An affidavit of the first respondent had also been filed in the typed-set of papers. 4.

In such view of the matter, the presence of the second respondent is not required for adjudication of this application. In view of the consent made by the first respondent, which is supported by the affidavit filed by him, I am inclined to allow the application as prayed for.

5.

In view of the same, the mandate given to the second respondent is hereby terminated and Mr. M.K.Kabir, learned Senior Advocate is appointed as Sole Arbitrator to enter upon the dispute between the petitioners and the first Page No.1/3

respondent.

6.

The learned Sole Arbitrator is entitled to fix his fees as per the Schedule-IV to the Act. This Court further requests the learned Sole Arbitrator to endeavour to decide the dispute as expeditiously as possible. 7.

Accordingly, this Arbitration Original Petition is ordered. 23.08.2024 Maya Page No.2/3

K.KUMARESH BABU, J.

Maya 23.08.2024 Page No.3/3