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Sh Pramod Kumar Jhunjhunwala vs Indiabulls Ventures Limited on 1 June, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~17
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       ARB.P. 695/2022 & I.A. 9086/2022,I.A. 9087/2022
                                  SH PRAMOD KUMAR JHUNJHUNWALA           .... Petitioner
                                              Through: Mr.     Rajat   Manchanda         with
                                                       Mr.Subham Kothari and Ms. Tanya
                                                       Singh, Advocates.

                                                     versus

                                  INDIABULLS VENTURES LIMITED                        ..... Respondent
                                               Through:

                                  CORAM:
                                  HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                     ORDER

% 01.06.2022 ARB.P. 695/2022 By way of the present petition under section 11(6) of the Arbitration & Conciliation Act, 1996 ('A&C Act'), the petitioner seeks appointment of an arbitrator, while also making a prayer to declare the unilateral appointment of the present arbitrator as non-est in view of section 12(5) of the A&C Act as interpreted and settled by the Hon'ble Supreme Court inter-alia in TRF Limited Vs. Energo Engineering Projects Limited reported as(2017) 8 SCC 377 and Perkins Eastman Architects DPC & Anr Vs. HSCC (India) Ltd reported as (2019) SCC Online SC 1517.

2. Issue notice.

3. Upon the petitioner taking requisite steps, let notice be sent to the respondent by all permissible modes, returnable 18th August 2022.

4. Let reply be filed within 06 (six) weeks of service; rejoinder thereto, if any, be filed within 04 (four) weeks thereafter; with copies to the opposing counsel.

5. List on 18th August 2022.

6. Although the petitioner has participated in the arbitral proceedings before the learned sole arbitrator presently seized of the disputes, on an ex-facie reading of the matter, the learned sole arbitrator has evidently been appointed unilaterally by the respondent vidé letter dated 27.08.2018;which appointment is therefore de-jure invalid and the learned sole arbitrator is accordingly legally incapable of continuing to function.

7. As such the learned sole arbitrator is directed to forebear from conducting any further proceedings in the matter, till the next date of hearing.

ANUP JAIRAM BHAMBHANI, J JUNE 1, 2022 ds Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:02.06.2022 ARB.P. 695/2022 Page 2 of 2 15:58:25