[2025:RJ-JP:17478] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 231/2024 In S.B. Civil Arbitration Application No. 2/2010 M/s Rajendra Prasad Bansal, Having its Registered Office At 317, Chankya Complex, B-10/11, Laxmi Nagar, Delhi, Also At New Sabji Mandi, Bayana, Bharatpur, Rajasthan, Through its Partner Mr. Rajendra Prasad Bansal S/o Late Mr. Gopali Ram Bansal. ----Petitioner Versus 1. Union of India, Through General Manager, North Western Railway, Jaipur. 2. Deputy Chief Engineer (Construction)-III, North Western Railway, Jaipur. ----Respondents For Petitioner(s) : Ms. Anita Goyal Mr. Naman Jain For Respondent(s) : Mr. Ashish Kumar -Through VC Mr. Digvijay Singh JUSTICE ANOOP KUMAR DHAND Order 24/04/2025 1. Matter comes up on misc. application submitted by the applicant for substituting the Sole Arbitrator by appointing a new Arbitrator. 2. Counsel for the parties submit that in the Original Arbitration Application No. 02/2010, vide order dated 09.09.2016, Justice Prem Shanker Asopa (Retd.) was appointed as Sole Arbitrator to resolve the dispute between the parties. [2025:RJ-JP:17478] (2 of 3) [CMAP-231/2024] 3. It is submitted by the counsel for the parties that at the time of filing of the instant application Justice Prem Shanker Asopa (Retd.) was bedridden due to ill health and subsequently, he passed away, so under the changed circumstances, a new Arbitrator be appointed. 4. In view of the above, the counsel for both the parties are in agreement to appoint Justice Banwari Lal Sharma (Retd.), resident of Plot No. 49 &50, Theme Colony, 4-D Campus, 80 Ft Road, Road No. 1 Murlipura, Jaipur 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 Sole 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 Sole 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 hereby 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 of timeline as prescribed under Section 29-A of the Act of 1996. [2025:RJ-JP:17478] (3 of 3) [CMAP-231/2024] 7. The Registry is directed to intimate the Arbitrator-Justice Banwari Lal Sharma (Retd.), resident of Plot No. 49 &50, Theme Colony, 4-D Campus, 80 Ft Road, Road No. 1 Murlipura, Jaipur for his approval and declaration in terms of Section 11(8) read with Section 12(1) of the Act of 1996. 8. The Office is further directed to send the original record of the arbitration proceedings after receiving the same from the office of Late Justice Prem Shanker Asopa (Retd.) to the newly substituted Arbitrator forthwith. 9. All 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 16.05.2025 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 misc. application stands disposed of. (ANOOP KUMAR DHAND),J Ashu/230