ETHAN STEIN Vs. BALKRISHNA V DOSHI

JUDGEMENT

(1.) BY this common judgment, I propose to dispose of OMP 115/2008 which is a petition under Section 14 (2) read with Section 14 (1) (a) and 14 (1) (b) and section 15 (2) read with Section 15 (1) (a) of the Arbitration and Conciliation act, 1996 (hereinafter referred to as 'the Act') and Arbitration Petition no. 376/2008 under Sections 11 (6), 15 (1) (a) and 15 (2) of the said Act. While OMP no. 115/2008 was filed in February, 2008 for substitution of Mr. Vijay s. T. Shankardass, an Arbitrator (also a Barrister, practicing mostly in London and occasionally visiting India), since he had withdrawn from the proceedings, the Arbitration Petition No. 376/2008 was filed on 23. 09. 2008 for substitution of mr. Prag P. Tripathi as an Arbitrator from the Tribunal of three Arbitrators on account of the fact that vide his letter dated 28. 08. 2008, Mr. Prag P. Tripathi resigned from the arbitral tribunal in view of a long time having elapsed without any proceedings and also in view of his present commitments.

(2.) THE facts relevant for the disposal of the present petitions are within a narrow compass. On 10th March, 2000, an Arbitration Agreement was entered into between late Mr. Joseph Allen Stein (the father of the present petitioners)and the respondents Mr. Balkrishna V. Doshi (the respondent No. 1) and Mr. Jai rattan Bhalla (the respondent No. 2) whereby the parties, all of whom were architects by profession, in order to resolve the disputes and differences which had arisen relating to their three partnership concerns, viz. Stein Doshi and bhalla, Stein Doshi and Bhalla (New Delhi) and Stein Doshi and Bhalla (Ahmedabad) constituted an arbitral tribunal comprising of three arbitrators, namely, (i) Mr. Vijay Shankardass, resident of 7, Sector 14, Gurgaon, (ii) Mr. Mahendra Raj, resident of 20-B, Prithvi Raj Road, New Delhi and (iii) Mr. Achyut kanvinde, resident of B-10 Maharani Bagh, New Delhi. During the pendency of the arbitration proceedings before the aforesaid three arbitrators, Mr. Joseph allen Stein expired on 06. 10. 2001. The petitioners, who are the sons and legal representatives of late Mr. Joseph Allen Stein, by communication dated 2nd january, 2002 informed the arbitrators about the demise and also that they were the legal representatives entitled to continue the proceedings and represent the estate of the deceased. During the pendency of the proceedings, however, Shri a. P. Kanvinde, one of the arbitrators also expired on December 28, 2002.

(3.) IT bears mentioning at this juncture that from March 10, 2000 (the date of the Arbitration Agreement and the constitution of the arbitral tribunal) till december 28, 2002 (the date of the demise of Shri A. P. Kanvinde), the said panel of arbitrators never held any formal meeting nor gave any directions regarding the filing of the claims, etc.