WANI AND COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed under Ss. 14 and 15 of the Arbitration and Conciliation Act, 1996 (for short the Act ) for terminating the mandate of the sole Arbitrator, Mr. Satish Chander, ADG (Retd.) MES, appointed in Arb. P. No. 3/2022 vide order dtd. 19/5/2023 and for appointment of a substitute/independent sole Arbitrator in his place.

(2.) Besides laying the factual foundation leading to the appointment of arbitrator, it is contended by the petitioner that he was not aware of appointment of Mr. Satish Chander, as new arbitrator, given the fact that on 5/6/1018, his wife had passed away due to which the petitioner suffered stroke and remained admitted in Narayana Hospital for a month. Further, during COVID-19 pandemic, he met with a tragedy of death of his elder son.

(3.) It is stated that it was only in the month of December, 2024, the petitioner came to know about the appointment of Mr. Satish Chander as new Arbitrator in the matter and the petitioner immediately approached the Arbitrator and requested him to allow him to participate in the proceedings and also to provide one set of arbitration record, so that he is able to prosecute his claim in the arbitration proceedings. The Arbitrator allowed the petitioner to participate in the proceedings. Accordingly, pursuant to the directions issued by the learned Arbitrator in the month of March, 2025, the complete set of the pleadings was provided to the petitioner.