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M/S Zenica Auto Services Private ... vs M/S Caparo Financial Solutions Limited on 21 January, 2022

Author: C.Hari Shankar

Bench: C.Hari Shankar

                          $~14(Original Side)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     O.M.P. (T) (COMM.) 5/2022 & I.A. 258/2022
                                M/S ZENICA AUTO SERVICES PRIVATE LIMITED &
                                ORS.                                                 ..... Petitioner
                                                      Through:     Mr. Akhil Sachar, Ms. Simran
                                                                   Brar, Ms. Ambika & Mr.
                                                                   Swastik Dalai, Advs.
                                                      versus

                                M/S CAPARO FINANCIAL SOLUTIONS LIMITED
                                                                  ..... Respondent
                                                      Through:     Mr. Vikas Mishra and Mr.
                                                                   Sanchit Gawri, Advocates
                                CORAM:
                                HON'BLE MR. JUSTICE C.HARI SHANKAR
                                          O R D E R (O R A L)

                          %               21.01.2022
                                    (Video-Conferencing)

1. It is reported by learned Counsel for the parties that the learned arbitrator has recused from the proceedings.

2. As such, the parties request ad idem that the Court may appoint an arbitrator in substitution of the learned arbitrator.

3. Accordingly, the Court appoints Mr. Santanu Ghosh, Advocate (M) 9811460197, email:[email protected] as the arbitrator to arbitrate on the disputes. The arbitrator shall be entitled to the same terms as were applicable to the earlier arbitrator who was in seisin of the proceedings. The arbitrator may continue the proceedings from the stage at which they stand today.

4. The learned arbitrator would also furnish the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act, 1996 ("the 1996 Act"), within a week of entering reference.

5. By consent, the learned arbitrator would be entitled to fees as per the Fourth Schedule of the 1996 Act.

6. The mandate of the arbitrator substituted today shall be treated as continuing from the date on which the earlier arbitrator recused from the proceedings.

7. The petition stands disposed of in the aforesaid terms.

C.HARI SHANKAR, J JANUARY 21, 2022 SS Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI O.M.P. (T) (COMM.) 5/2022 Page 2 of 2 Signing Date:24.01.2022 14:29:58