UNITED TELECOMS LTD Vs. BHARAT BROADBAND NETWORK LTD.

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 15(2) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator in substitution.

(2.) For adjudication of the disputeswith respondent, this Court by order dtd. 25/4/2019 [ in OMP. (I) (COMM) No. 125/2019] had appointed Mr. Justice (Retd.) Jagannadha Rao, the sole Arbitrator. According to petitioner, the learned Arbitrator had to adjudicate two cases APO-I and APO-II. The arbitral proceedings in respect of APO-II stood concluded and the arbitration award was rendered on 6/6/2021 and 7/7/2021 in respect thereof. However, arguments in APO-I though commenced but could not be completed owing to illness of the Counsel and restraints of covid pandemic.

(3.) Learned counsel for petitionerhas submitted that an email dtd. 21/9/2021 has been received from the learned sole arbitrator wherein he has expressed his inability to hear the arguments in APO-I and, therefore, the present petition has been filed seeking appointment of a substituted Arbitrator.