Elixir Engineering Pvt Ltd v. Solapur Bio Energy Systems Private Limited
529. ARBP 27-2025 (Prod) VK copy.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 27 OF 2025 Elixir Engineering Pvt. Ltd.
.Petitioner
Versus
Solapur Bio Energy System Pvt. Ltd.
.Respondent ________________________________________________ Ms. Priyanka Kothari, a/w. Ms. Radhika Kulkarni i/b. Dave & Co., for the Petitioner Mr. Kedar Wagle, a/w. Mr. Sagar Wagle, Mr. Kashyap P. Samant, Ms. Lisa Rasquinha i/b. K & P Legal Combine LLP, for the Respondent ________________________________________________ CORAM : SOMASEKHAR SUNDARESAN, J.
DATE : March 17, 2025 PC:
1.
This Petition has been filed under Section 14 and 15 of the Arbitration and Conciliation Act, 1996 ("the Act"), seeking substitution of an arbitrator in connection with disputes and differences that are said to have arisen between the parties under a Work Order dated March 1, 2011 and subsequent Purchase Order ("Agreement"). 2.
Since the Learned Sole Arbitrator who was conducting arbitration proceedings is said to have passed away on January 28, 2025, Learned Counsel for the parties unanimously request for substitution of arbitrator.
March 17, 2025
529. ARBP 27-2025 (Prod) VK copy.docx 3.
Since there is no dispute between the parties about continuing the arbitration proceedings this Petition is finally disposed of by appointing Ms. Neeta Jain, a learned advocate of this Court as a substitute arbitrator, on the same terms of appointment as originally made. The newly appointed arbitrator shall conduct the arbitration proceedings from the stage at which it was left by the earlier arbitrator. 4.
In these circumstances, this Petition is finally disposed of. 5.
The Learned Arbitrator appointed hereby shall resume the proceedings from the stage at which it was, when the earlier arbitrator passed away. The parties shall present themselves to the newly appointed arbitrator within a period of one week from the date of upload of this order on this Court's website to seek instructions on how to proceed further.
6.
All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.
[ SOMASEKHAR SUNDARESAN, J.] March 17, 2025 Anand