Mr.M.Sivalingam v. Mrs.Jagadeeswari, W/O. Late D.Mahendran

Application No.4326 of 2021 in O.P.No.60 of 2020 Application No.4326 of 2021 in O.P.No.60 of 2020 SENTHILKUMAR RAMAMOORTHY J, This application is filed seeking appointment of a substitute arbitrator upon the withdrawal of the sole Arbitrator appointed by order dated 20.02.2020 in O.P.No.60 of 2020.

2. After entering upon reference, the sole Arbitrator proceeded with the adjudication of the dispute. Subsequently, by proceedings dated 12.03.2021, the sole Arbitrator withdrew from the reference on account of ill health. The present application is filed in these facts and circumstances.

3. The respondents are represented through counsel. The respondents state that they have no objection to the substitution of the sole Arbitrator either by a retired Judge of this Court or by a Senior Advocate of this Court. https://www.mhc.tn.gov.in/judis

Application No.4326 of 2021 in O.P.No.60 of 2020 SENTHILKUMAR RAMAMOORTHY J,

4. In the above facts and circumstances, Application No.4326 of 2021 is allowed by appointing Dr.Justice P.Jyothimani, a retired Judge of this Court as the sole Arbitrator to adjudicate the dispute between the parties. The proceedings shall be continued from the stage at which such proceedings were pending when the previous sole Arbitrator withdrew from the reference. The substitute Arbitrator is directed to enter upon reference to adjudicate the dispute in accordance with law. It is open to the sole Arbitrator to fix the fees and expenses in relation to the arbitral proceedings.

05.01.2022 bsm Application No.4326 of 2021 in O.P.No.60 of 2020 https://www.mhc.tn.gov.in/judis