ARB.P./156/2019 of RAJESH KUMAR BHARDWAJ Vs BHARAT PETROLEUM CORPORATION LTD.

*IN THE HIGH COURT OF DELHI AT NEW DELHI+ARB.P. 156/2019RAJESH KUMAR BHARDWAJ

..... PetitionerThrough:Mr. Ravikesh K. Sinha and Mr. SashiKant, Advocates.versus

CORAM:

1. Exemption allowed, subject to all just exceptions.

ARB.P. 156/2019

2. Learned counsel for the Petitioner states that Petitioner's partnership firmand Respondent had entered into Distributorship Agreement dated 6[th]December 1999, for distribution of LPG cylinders of Respondent. On 5[th]February 2015 Respondent terminated the said Distributorship agreement.

3. Thereafter for the redressal of the disputes relating to termination of thedistributorship, the Respondent in terms of the arbitration clause containedin clause 38 of the Distributorship Agreement appointed Mr. Monir A.Khan, working Chief General Manager (Co-ordination) to act as anarbitrator. However, the Petitioner filed an application under Section 14 of

the Arbitration and Conciliation Act, 1996 being OMP (T) (Comm.) No. 12of 2018 before this Hon'ble Court for termination of his mandate.

4. Subsequently, this court vide order dated 16[th]May 2018 passed in OMP(T) (Comm.) No. 12 of 2018, terminated the mandate of Mr. Monir A. Khan,to act as Sole Arbitrator and instead appointed Ms. Ravinder Kaur, RetiredDistrict & Sessions Judge, Delhi to act as the Sole Arbitrator foradjudicating the disputes that have arisen between the parties in relation tothe above mentioned Distributorship Agreement.

5. Learned counsel further submits that despite the substitution of theArbitrator the proceedings could not commence for very long time and on22[nd]December 2018, Delhi International Arbitration Centre (DIAC)informed the parties that Ms. Ravinder Kaur, Retired District & SessionsJudge, Delhi who was appointed to act as an arbitrator had recused herselffrom the said matter as she had joined the Central Administrative Tribunal,Mumbai.

6. Thus by way of the present petition Petitioner seeks indulgence of thiscourt for appointment of an arbitrator in place of Ms. Ravinder Kaur.Learned counsel for the Respondent, submits that he has no objection for theCourt to appoint an Arbitrator substituting the Arbitrator who has expressedher inability to continue. Learned counsels for the parties pray that any otherRetired District & Sessions Judge, Delhi be appointed as substitutearbitrator.Accordingly, S.K. Tandon Retired ADJ, is appointed as SoleArbitrator.

7. The parties are directed to appear before the Arbitrator as and whennotified. Learned Arbitrator will issue declaration under Section 12 readwith the attendant provisions of the 1996 Act before entering uponreference.

8. Learned counsel for the Parties also suggests that the proceedings werebeing conducted under the aegis of the DIAC. Accordingly, DIAC isdirected to hand over the records to the learned Arbitrator. It is made clearthat the proceedings will commence from the stage at which they arepresently positioned.

9. The learned Arbitrator will be paid his fee in terms of the provisions ofthe Fourth Schedule appended to the Arbitration and Conciliation Act, 1996

10. The Petition is allowed in the above terms. No order as to costs. TheRegistry will despatch copy of this order to the Co-ordinator, DIAC andthe learned Arbitrator.

MARCH 18, 2019nk

SANJEEV NARULA, J