HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 6/2018 M/s Harish Transport Co., Having Its Registered Office At 11-12, Sona Mahal, Modh Chapaner Society, Usmanpura, Ahmedabad-380013 (Gujarat) Through Its Partner Mr. Balwant Tak ----Petitioner Versus Jaipur City Transport Service Limited, Through Its Managing Director, 2nd Floor Old Working Women Hostel, Near Police Head Quarter, Lal Koti Tonk Road, Jaipur-302015 ----Respondent For Petitioner(s) : Ms. Gauri Jasana for Mr. Prateek Kasliwal For Respondent(s) : Mr. Palash Gupta for Mr. Sandeep Pathak JUSTICE ANOOP KUMAR DHAND Order 24/01/2025 1. Matter comes up on letter dated 09.01.2025 received from Justice Prem Shanker Asopa (Retd.), Sole Arbitrator showing his inability to conduct the arbitral proceedings of this case owing to his prolonged illness/ sickness. 2. In the original Arbitration Application No.06/2018, vide order dated 10.08.2015, 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 Arbitrator-Justice Prem Shanker Asopa (Retd.), in the Office. (2 of 3) [ARBAP-6/2018] 4. In view of the above, the counsel for both the parties have agreed to appoint Justice Mohammad Rafiq (Retd. Chief Justice), resident of 07, Bhagat Vatika, Civil Lines, Jaipur to be 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 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. 7. The Registry is directed to intimate the Arbitrator- Justice Mohammad Rafiq (Retd. Chief Justice), resident of 07, Bhagat Vatika, Civil Lines, Jaipur, for his approval and (3 of 3) [ARBAP-6/2018] 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 received from the office of 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 10.02.2025 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 dated 09.01.2025 be taken on record and the present arbitration application be consigned to record. (ANOOP KUMAR DHAND),J KuD/221