HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 317/2024 In S.B. Civil Arbitration Application No. 38/2013 R.P. Choudhari (Huf), Through Its Karta Shri Ram Prakash Choudhari S/o Shri Gadadhar Prasad Choudhari, R/o Penthouse No. 3, Motidoongri Road, Jaipur. ----Petitioner Versus M/s Sunrise Builders, Having Its Office At 301-306, 3Rd Floor, Sunrise Complex, J-54-C, Prithvi Raj Road, C-Scheme, Jaipur Through Its Proprietor Shri Suresh Jain Son Of Late Ram Chan- dra Jain, R/o Flat No. 703, Plot No. 3B-1, Motidoongri Road, Jaipur. ----Respondent For Petitioner(s) : Mr. Abhi Goyal For Respondent(s) : None JUSTICE ANOOP KUMAR DHAND Order 24/04/2025 1. Matter comes up on misc. application submitted by the appli- cant for substituting the Sole Arbitrator by appointing a new Arbi- trator. 2. In the original Arbitration Application No.38/2013, vide order dated 02.09.2016, Justice N.L. Tibrewal (Retd.) was appointed as Sole Arbitrator to resolve the dispute between the parties. 3. None present on behalf of the respondent inspite of service. 4. It is submitted by counsel for the petitioner that the Justice N.L. Tibrewal was passed away, so under the changed circum- stances, a new Arbitrator be appointed. (2 of 3) [CMAP-317/2024] 5. In view of the above, counsel for petitioner agrees to appoint Justice Prashant Kumar Agarwal (Retd.), resident of C-82, Ram Nagar, Shastri Nagar 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 Sec- tion 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. 6. The arbitration fee of the Sole Arbitrator shall be payable in accordance with the provisions contained in the Manual of Proce- dure of Alternative Dispute Resolution, 2009 as amended by the Manual of Procedure for Alternative Dispute Resolution (Amend- ment), 2017 vide notification dated 23.03.2017 read with 4th Schedule appended to the Act of 1996 or as determined by the Ar- bitrator with consensus of parties. 7. It is hereby observed that as the dispute is pending since long, the substituted Arbitrator is expected to conclude the pro- ceedings at the earliest possible, keeping in mind the mandate of timeline as prescribed under Section 29-A of the Act of 1996. 8 The Registry is directed to intimate the Arbitrator-Justice Prashant Kumar Agarwal (Retd.), resident of C-82, Ram Nagar, Shastri Nagar Jaipur for his approval and declaration in terms of Section 11(8) read with Section 12(1) of the Act of 1996. 9. The Office is further directed to send the original record of the arbitration proceedings received from the office of Late Justice N.L. Tibrewal to the newly substituted Arbitrator forthwith. (3 of 3) [CMAP-317/2024] 10. All issues raised by the parties before the Arbitrator shall be considered in accordance with law. 11. It is expected from the parties to appear before the newly substituted Arbitrator on 19.05.2025 or any other date as in- formed by the Arbitrator to the parties or agreed between the par- ties 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 re- quired. 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. 12. Accordingly, the present misc. application stands disposed of. (ANOOP KUMAR DHAND),J Ashu/232