JASVINDER SINGH NARULA Vs. JAI INDER PAL SINGH

JUDGEMENT

(1.) ON 18th August, 2005, a Division Bench of this Court in Arbitration Appeals No. 1 and

(2.) OF 2005 had passed a detailed judgment and had issued various directions qua the parties as well as otherwise and had also appointed Mr. Justice D.P. Sood (Retired), a former Judge of this Court as a Single Member Arbitral Tribunal. The parties today submit before me and agree that this petition having now been filed under Sections 14, 15 and 18 read with Section 9 of the Arbitration and Conciliation Act, 1996, it is required to be heard and disposed of by a Single Judge of this Court because of the nature of the reliefs prayed for in this application. 2. Mr. Balram Gupta, learned Senior Counsel appearing for the petitioner and Mr. Bhogal, learned Senior Counsel appearing for respondent No.1, both agree that without going into any controversy forming the subject matter of this application and without at all touching upon the merits of any such controversy in any manner and for the sake of maintaining a very conducive atmosphere, it shall be in the interest of justice as well as the parties that the Single Member Arbitral Tribunal is changed but without casting any reflection whatsoever upon respondent No.2. Mr. D.D. Sood, learned Senior Counsel appearing for respondent No.2 submits that respondent No.2 himself is not interested in being a part of any controversy in any manner, but he feels hurt about some allegations made in the application against him but at the same time would like to be excused from the onerous task of being and continuing as the Single Member Arbitral Tribunal.

(3.) IN the aforesaid atmosphere of cordiality and understanding and because of the aforesaid submissions made by the learned counsel for all the parties, and without at all going into any allegation forming the subject matter of this application, I allow the application to the limited extent, the only extent of replacing the Single Member Arbitral Tribunal and hereby appoint, with the consent of the petitioner as well as respondent No.1, Shri Justice Surinder Sarup (Retired), a former Judge of this Court as the Single Member Arbitral Tribunal in place of Shri Justice D.P. Sood (Retired).