SEW INFRASTRUCTURE LTD Vs. WESTERN COALFIELDS LIMITED

JUDGEMENT

(1.) Learned counsel for the petitioner invited our attention to the order dated 16.08.2020 passed by Hon'ble Shri.Justice R.G.Deshpande (Retd) the sole Arbitrator appointed by us by resorting to Section 89 of the Code of Civil Procedure and also with the consent of the parties, on 17.01.2019.

(2.) On going through the order dated 16.08.2020, it is seen that the learned sole Arbitrator, for the reasons recorded in the order has recused from the case and made a request for releasing him from his responsibility. He has also noted the fact that as a consequence to his recusal, the parties may have to move the Court for appointment of another Arbitrator. In effect, whatever request now the parties have to make would be a request for change of Arbitrator or appointment of a new Arbitrator, something which would fall within the scope of Section 11(6) of the Arbitration and Conciliation Act , 1996 ( for the sake of brevity herein after referred to as the Act of 1996).

(3.) The parties, however, have not made any such application up till now. But,in view of the development flowing from order dated 16.08.2020 made by the learned sole Arbitrator, parties would have to make an application seeking appointment of new Arbitrator/change of Arbitrator under Section 11(6) of the Act of 1996. Both the learned counsel appearing for the respective parties are agreeable to the appointment of some other person as arbitrator in place of Hon'ble Justice Shri.R.G.Deshpande (Retd.) on account of his recusal. Learned counsel appearing for the petitioners submits that shortly such an application would be moved by the petitioner.