12. In Arbitration Application No. 4/2021, in particular, this
Court observes that the applicant is seeking the substitution of
arbitrator so appointed earlier, by an independent arbitrator to
resolve the dispute between the parties. This Court further
observes that the arbitrator was appointed on 25.05.2018 and the
matter is still pending, and thus, it is necessary to appoint an
independent arbitrator, afresh, in the present case.
12.1. It is also observed that at this stage, this Court is to deal
only with the substitution of the arbitrator with appointment of
new independent arbitrator. This Court is further conscious of the
judgment rendered by the Hon'ble Apex Court in the case of
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(18 of 19) [ARBAP-14/2021]
Perkins Eastman Architects DPC v. HSCC (India) Ltd.,
(2020) 20 SCC 760.