Digitally signed
KABORAMBA
by KABORAMBAM
M SANDEEP
SANDEEP SINGH
Date: 2024.06.28
SINGH
12:00:12 +05'30'
Item No. 2
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Arb. P. (J2) No. 2 of 2024
M/S K Pro Infra Works Private Limited
Petitioner
Vs.
Loktak Development Authority; & Ors.
Respondents
BEFORE
JUSTICE MR. SIDDHARTH MRIDUL
HON’BLE THE CHIEF
O R D E R
27.06.2024
Mr. Mohith Reddy and Mr. Ch. Momon, learned counsel, appears on
behalf of the petitioner;
The present arbitration petition under Sub-Section (6) of Section 11
read with Section 15 of the Arbitration and Conciliation Act, 1996 in sum and
substance, seeks a direction from this Court, to appoint a substitute Sole Arbitrator
vin Sinha (Retired Judge)
in place of Hon’ble Mr. Justice Na of the Hon’ble Supreme
Court of India, who was appointed as the Sole Arbitrator by this Court vide order
dated 31.01.2023; and who has subsequently addressed a communication dated
12.05.2024, informing the counsel for the parties that he is disinclined to proceed
any further with the subject arbitration between the parties.
Notice.
Mr. H. Kenajit, learned counsel, accepts notice on behalf of the
respondents and states that he does not wish to file a reply.
Learned counsel appearing on behalf of the parties, on instructions
from the latter, in uniso
n state before this Court that a retired Judge of the Hon’ble
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Supreme Court of India may be appointed by this Court as the Sole Arbitrator to
continue the arbitration proceeding and complete the same in accordance with law.
It is further submitted on behalf of the counsel for the parties that
the arbitration proceedings may commence from the time till the date of the first
arbitration hearing by the newly appointed Sole Arbitrator while reckoning the time
stipulated under section 29-A of the said Act, for making of the arbitration award.
In view of the foregoing and with the consent of the parties,
Justice Vineet Saran, Former Judge, Supreme Court of India, 65 Lodhi
Estate, New Delhi 110003 (Phone No. 01121420761;
– –
Mobile No. 7897420209; email : vineetsaranjustice@gmail.com, is
–
accordingly appointed as the Sole Arbitrator to continue the arbitration
proceedings, which shall needless to state, be governed by the provision of
Arbitration and Conciliation Act, 1996.
With the above directions, the present arbitration petition is disposed
of.
A copy of this order be sent to Hon’ble sole arbitrator by email as well,
as well as to the counsel for the parties.
CHIEF JUSTICE
Sandeep
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