HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 35/2014 M/s Balwant Rai Arora through its proprietor Shri Balwant Rai Arora, 2-Sohan Kothi, Near Ambedkar Circle, Bikaner (Raj.) ----Petitioner Versus 1. Indian Oil Corporation Ltd. Through its Managing Director, Registered Office G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai-400051. 2. Director Marketing, Indian Oil Corporation Ltd., G-9, Ali Yavar Jung Marg, Bandra (East), Mumbai-400051. ----Respondent For Petitioner(s) : None present For Respondent(s) : Mr.Raghav Sharma for Mr.Samit Bishnoi JUSTICE ANOOP KUMAR DHAND Order 31/01/2025 1. Matter comes up on letter dated 09.01.2025 received from Justice Prem Shanker Asopa (Retd.), Sole Arbitrator for showing his inability to conduct the arbitral proceedings of this case owing to his prolonged illness/ sickness. 2. In the original Arbitration Application No.35/2014, vide order dated 30.09.2016, Justice Prem Shanker Asopa (Retd.) was appointed as Sole Arbitrator to resolve the dispute between the parties. 3. As per the Office report, the record of the arbitral proceedings have been received from the Office of the Arbitrator. 4. Considering the above factual aspect of the matter, Justice Satish Kumar Sharma (Retd.), resident of 1 Rail Nagar East, (2 of 3) [ARBAP-35/2014] Bhagwan Path, Nirwan Nagar Ke pas, Jaipur is appointed as the substituted Arbitrator in the present matter, who shall proceed with the arbitration proceedings in continuation to the previous proceedings. The appointment of the Arbitrator is subject of declaration being made under Section 12 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') with respect to the independence and impartiality and ability to devote sufficient time to complete the arbitration proceedings within the prescribed period. 5. The arbitration fee of the Arbitrator shall be payable in accordance with the provisions contained in the Manual of Procedure of Alternative Dispute Resolution, 2009 as amended by the Manual of Procedure for Alternative Dispute Resolution (Amendment), 2017 vide notification dated 23.03.2017 read with 4th Schedule appended to the Act of 1996 or as determined by the Arbitrator with consensus of parties. 6. It is also observed that as the dispute is pending since long, the substituted Arbitrator is expected to conclude the proceedings at the earliest possible, keeping in mind the mandate contained under Section 29-A of the Act of 1996. 7. The Office is directed to intimate the newly appointed/ substituted Arbitrator-Justice Satish Kumar Sharma (Retd.), resident of 1 Rail Nagar East, Bhagwan Path, Nirwan Nagar Ke pas, Jaipur, for his approval and declaration in terms of Section 11(8) of the Act of 1996. 8. The Office is further directed to send the original record of the arbitration proceedings received from the Office of Justice (3 of 3) [ARBAP-35/2014] Prem Shanker Asopa (Retd.) to the newly substituted Arbitrator forthwith. 9. All the issues raised by the parties before the Arbitrator shall be considered in accordance with law. 10. It is expected from the parties to appear before the newly substituted Arbitrator on 18.02.2025 or any other date as informed by the Arbitrator to the parties or agreed between the parties with the consent of Arbitrator and further the parties shall provide their respective E-mail/ contact number/ mobile number as also their authorized representatives/ Lawyers appearing on their behalf before the Arbitration Tribunal, in order to facilitate the Arbitrator to send information to the parties, whenever required. The information send by the Arbitrator, on such address/ E-mail/ cellphone of the parties, their authorized representatives/ Lawyers, shall be treated as sufficient unless same is not changed. 11. Accordingly, the letter as well as the present arbitral application be consigned to record. (ANOOP KUMAR DHAND),J Aayush Sharma /216