[2025:RJ-JP:8914] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 10/2025 In S.B. Civil Arbitration Application No.48/2020 Mahima Real Estate Pvt.ltd., F-1, Govind Marg Opposite Petrol Pump Raja Park Jaipur At Present Head Office At 4Th Floor, Crystal Palm, 22 Godown Circle, Sardar Patel Marg, Jaipur 302001, Through Its Managing Director Dhirendra Madan S/o Late D.R Madan aged 67 Years, Resident Of B-22 Prabhu Marg, Tilak Nagar Jaipur. ----Petitioner/ Claimant Versus M/s Ascent Buildhome Developers Pvt. Ltd., having Its Registered Address Office At J-100, Basement Ashok Chowk Adarsh Nagar Jaipur Through Its Director Murshid Ahmed. ----Respondent/Non-claimant For Petitioner(s) : Mr. Umesh Shringi For Respondent(s) : Mr. Jatin Agarwal HON'BLE MR. JUSTICE SUDESH BANSAL Order 28/02/2025 1. Instant Arbitration Application under Sections 14 and 15 of the Arbitration & Conciliation Act, 1996 (Amended Act 2015), 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 05.03.2021 passed in S.B. Civil Arbitration Application No.48/2020, 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, [2025:RJ-JP:8914] (2 of 3) [CMAP-10/2025] expressing his inability due to his health reasons to continue to act as an Arbitrator, in the present matter. 2. It has been pointed out that before the Arbitration Tribunal of Hon'ble Mr. Justice P. S. Asopa (Retired), claim petition has been filed but thereafter no proceedings took place. 3. For the reasons stated hereinabove, this Court finds that the Arbitration Tribunal of Hon'ble Mr. Justice P.S. Asopa (Retired) cannot be continued and in his place a substituted Arbitrator is required to be appointed to continue and conclude the arbitration proceedings to which learned counsel for both parties have no objection. 4. Accordingly, this Court appoints Hon’ble Mr. Justice Mahesh Bhagwati (Retired), Mob. No. 9414160666, Address:- L-44 Sukhshanti, Income-Tax Colony, Durgapura, Jaipur E-mail:- justicebhagwati@gmail.com, as new and substituted Arbitrator in the present case, who shall continue and conclude the arbitration proceedings in continuity to the previous arbitration proceedings. 5. The arbitration fee of the Sole Arbitrator shall be payable in accordance with the 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 Act of 1996 or as determined by the Arbitrator with consensus of parties. 6. 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 [2025:RJ-JP:8914] (3 of 3) [CMAP-10/2025] commenced before him shall survive and be treated as valid, to continue the arbitration in continuity by the substituted Arbitrator. 7. 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 Mahesh Bhagwati (Retired) by the Registry, forthwith. 8. The Registry is directed to intimate Arbitrator- Hon’ble Mr. Justice Mahesh Bhagwati (Retired), for his approval and declaration in terms of Section 11(8) read with Section 12(1) of the A&C Act, 1996. 9. Both parties have agreed to appear before the Arbitrator on 18.03.2025 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. 10. Accordingly, the present Arbitration Application stands disposed of. (SUDESH BANSAL),J TN/160