O.M.P. (T) (COMM.) 137/2024 p. 1 $~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 137/2024 LATE GAJINDER PAL SINGH RANA (SINCE DECEASED) THROUGH SHRI S.P.S. RANA .....Petitioner Through: Mr. Rikky Gupta and Ms. Ananya Singh, Advocates. versus LATE SMT. VEENU NANGIA (SINCE DECEASED) THROUGH SHRI NIRANJAN KUMAR NANGIA. & ORS. .....Respondents Through: Mr. Raghu Tandon, Advocate with Respondents through video conferencing. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 23.04.2025 1. This petition is filed on behalf of the Petitioner under Section 15 of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) for substitution of the Sole Arbitrator on the ground that the earlier Arbitrator has recused. 2. Disputes arose between the parties in relation to an Agreement to Sell dated 29.04.2008 in respect of built up property No. FA-36, Vishal Enclave, Delhi. Petitioner filed the petition under Section 11 of 1996 Act before this Court, which was allowed vide common order dated 14.11.2010 in ARB.P. 194/2010 and O.M.P. 357/2010, appointing Shri Dinesh Dayal, Retired Additional District and Sessions Judge, as Sole Arbitrator and granting status quo with respect to the subject property. 3. It is stated in the petition that at the stage of evidence, learned Arbitrator recused himself and in O.M.P.(T) (COMM.) 58/2024, this Court This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:33:25 O.M.P. (T) (COMM.) 137/2024 p. 2 vide order dated 12.08.2024 appointed Shri Ravi Sikri, Senior Advocate as the Arbitrator, but he also recused on 03.09.2024 on the ground that he had appeared against the Petitioner as an opposite counsel before his designation. In this backdrop, present petition has been filed. 4. Learned counsel for the Respondents, on instructions, has no objection to a Sole Arbitrator being appointed by this Court. 5. Considering that the earlier Arbitrator has recused, with the consent of the parties, Ms. Barkha Gupta, Retired Additional District Judge (Mobile No. 9910384753), is appointed as substitute Arbitrator. The arbitral proceeding will be held under the aegis of DIAC and as per its rules. Fees of the learned Arbitrators shall be fixed in accordance with DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018. 6. Arbitrator shall make a disclosure as required under Section 12 of the 1996 Act. 7. It is made clear that Court has not expressed any opinion on the merits of the case and all rights and contentions of the respective parties to the lis are left open. 8. The arbitral proceedings shall start from the stage where the previous Arbitrator had recused himself. 9. Petition stands disposed of. JYOTI SINGH, J APRIL 23, 2025/shivam This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:33:25