Sr. No. 100 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Arb P No. 35/2025 Bharat Petroleum Corporation Ltd …. Petitioner(s) Through:- Mr. Rameshwar Prasad Sharma, Advocate. V/s D. K. Kapoor Rtd. District Session Judge, Sole Arbitrator and Anr. …..Respondent(s) Through:- Mr. Rahul Pant, Sr. Advocate with Mr. Druv Pant, Advocate. CORAM : HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 05.12.2025 1. In essence, this is an application for substitution of the Arbitrator, Sh. D. K. Kapoor, Retired District and Session Judge, who because of his ailing health could not enter upon the reference. The respondent No. 2 has filed the response stating therein that she has no objection if the Arbitrator appointed vide Order dated 09.10.2023 is replaced by other independent Arbitrator in the Union Territory of Jammu and Kashmir itself. 2. Heard learned counsel for the parties. 3. In view of the fact that the earlier Arbitrator Sh. D. K. Kapoor, former District and Session Judge, could not enter upon the reference because of his ailing health and the parties are also ad idem for appointment of new Arbitrator, therefore, I appoint Sh. Deepak Sethi, Retired District and Session Judge as sole Arbitrator, who shall proceed in the matter in accordance with the provisions of the Act. The Arbitrator shall, therefore, after hearing both the parties make an award within the time provided in the Act itself after charging the prescribed fee along with incidental expenses to be shared by the parties. Arb P No. 35/2025 2 4. Registry to inform the above named Arbitrator about his appointment as an Arbitrator in this matter. 4. The application is, accordingly, disposed of. (Rajnesh Oswal) Judge JAMMU 05.12.2025 NEHA-1 Neha Kumari 2025.12.09 13:27 I attest to the accuracy and integrity of this document