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2025 DAILYLAW 29275 (RAJ)

TELECOMMUNICATION CONSULTANTS INDIA LIMITED v. GOVERNOR OF STATE OF RAJASTHAN

ARBAP/102/2024 · 2025-02-14

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:6604] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 102/2024 Telecommunication Consultants India Limited, Through Group General Manager (Civil) Tcil Bhawan, Greater Kailash-I, New Delhi-110 048. ----Petitioner Versus 1. Governor Of State Of Rajasthan, Through Registrar, Government Secretariat Jaipur (Rajasthan). 2. State Of Rajasthan, Through Chief Secretary Government Of Rajasthan State Secretariat Janpath, Jaipur. ----Respondents For Petitioner(s) : Mr. Punit Singhvi For Respondent(s) : Mr. Naman Yadav HON'BLE MR. JUSTICE SUDESH BANSAL Order 14/02/2025 1. Instant Arbitration Application under Sections 14/15 read with Section 11 of the Arbitration & Conciliation Act, 1996, has been filed praying to appoint a substituted Arbitrator in place of Hon’ble Mr. Justice P.S. Asopa (Retired), appointed in the present matter vide order dated 04.12.2015 passed in S.B. Arbitration Application No.43/2015, on account of fact that the Hon’ble Arbitrator became de jure/ de facto unabled to complete the arbitration proceedings mainly due to his health reasons. Hon'ble Arbitrator has also sent a Letter dated 09.01.2025, expressing his inability due to his health reasons to continue to act as an Arbitrator, in the present matter. [2025:RJ-JP:6604] (2 of 3) [ARBAP-102/2024] 2. Counsel for both parties have agreed to the name of Hon’ble Mr. Justice Pankaj Bhandari (Retired), to be appointed as substituted Arbitrator in similar terms of the order dated 04.12.2015 passed in S.B. Arbitration Application No.43/2015 and to continue the arbitration proceedings, in continuation to the proceedings from the stage left over by Arbitrator Hon’ble Mr. Justice P.S. Asopa (Retired). 3. Accordingly, this Court appoints Hon’ble Mr. Justice Pankaj Bhandari (Retired), Former Judge of the Rajasthan High Court, Mob. No.9460437978; E-mail:pankajbhandari63@yahoo.com; Address:- Bhandari Farm House, Opposite Hingoniya Goushala, Jaipur, as new and substituted Arbitrator in the present case, who shall continue and conclude the arbitration proceedings pursuant to the previous arbitration proceedings. 4. Hon'ble new Arbitrator would be free to determine his fee in the present matter, with the consent of both the parties or as per provisions contained in the Manual of Procedure for 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 Arbitration and Conciliation Act, 1996. 5. In view of appointment of substituted Arbitrator, the Arbitration Tribunal of Hon’ble Mr. Justice P.S. Asopa (Retired), stands terminated with observation that proceedings of arbitration commenced before him shall survive and be treated as valid, to continue the arbitration in continuity by the substituted Arbitrator. [2025:RJ-JP:6604] (3 of 3) [ARBAP-102/2024] 6. The record received from the Arbitrator Hon’ble Mr. Justice P.S. Asopa (Retired) be forwarded to the new and substituted Arbitrator Hon’ble Mr. Justice Pankaj Bhandari (Retired) by the Registry, forthwith. 7. The Registry is directed to intimate Arbitrator- Hon’ble Mr. Justice Mr. Pankaj Bhandari (Retired), for his approval and declaration in terms of Section 11(8) read with Section 12(1) of the A&C Act, 1996. 8. Both parties have agreed to appear before the Arbitrator on 08.03.2025 or any other date as informed by the Arbitrator to parties or agreed between parties with the consent of Arbitrator, and further parties shall provide their respective current E-mail/ Contact Number/ Mobile Number as also of 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 sent 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. 9. Accordingly, the present Arbitration Application stands disposed of. (SUDESH BANSAL),J RONAK JAIMAN/20