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Madhya Pradesh High Court

Devesh Kumar Tiwari vs Kumari Chetali Bhattacharya @ Jhumma on 28 April, 2022

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                            1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      AC No. 70 of 2019
                            (DEVESH KUMAR TIWARI AND OTHERS Vs KUMARI CHETALI BHATTACHARYA @ JHUMMA)

                      Dated : 28-04-2022
                            Shri Dhananjay Shukla, learned counsel for petitioners.

                            Shri Dhiresh Singh, learned counsel for respondent.

This case is listed today for orders on P.U.D/letter dated 2.3.2022 sent by Shri R. N. Patel, Retired District and Sessions Judge (Arbitrator) Jabalpur M.P. This Court vide order dated 7.1.2022 has disposed of this petition by appointing Shri Ram Niwas Patel, Retired District &Sessions Judge, Jabalpur as Arbitrator in the case.

Shri Ram Niwas Patel, Retired District & Sessions Judge, vide his letter dated 2.3.2022 has submitted that he has been appointed as Presiding Officer in Debt Recovery Tribunal, Jabalpur, therefore, he is unable to undertake any arbitration assignment.

In view of aforesaid facts and circumstances of the case, learned counsel for the parties submitted that any other Arbitrator may be appointed for continuing arbitration proceedings from the stage on which earlier Arbitrator had left the Arbitration Proceedings.

Considering the same, Shri Shiv Narayan Khare, Retired District & Sessions Judge, is appointed as Arbitrator in the case, subject to the declarations being made under Section 12 of the 1996 Act (as amended) with respect to the independence and impartiality of the arbitrator, and the ability to devote sufficient time to complete the arbitration within the period specified by Section 29-A of the 1996 Act.

The arbitrator is, however, at liberty to conduct the proceedings at a convenient venue as per the convenience of the arbitrator and the parties if so required. The arbitrator will be paid fees in accordance with the Fourth Schedule of the 1996 Act. Both parties will share the costs of the arbitration equally.

Registry is directed to dispatch a copy of this order to Shri Justice Shiv Signature SAN Verified Not Narayan Khare, Retired District & Sessions Judge, for seeking consent at the Digitally signed by MONSI M SIMON following address:

Shri Shiv Narayan Khare, Retired District & Sessions Judge, 405, Arpit Apartment, Nagrath Chowk, Jabalpur (M.P.) 482001 List the case for consent of Arbitrator in the week commencing from 4.7.2022.

(VISHAL DHAGAT) JUDGE mms Signature SAN Not Verified Digitally signed by MONSI M SIMON Date: 2022.04.29 15:20:26 IST