Arb. Appln. No.717 of 2025 in O.A. No.137 of 2021 M/s.Shan Holiday Inn Pvt. Ltd. ... Applicant Vs. M/s.Simsan Finance and Others ... Respondents ABDUL QUDDHOSE.J., This application has been filed, seeking for substitution of the arbitrator in place of the existing arbitrator. An arbitrator was appointed by this Court, who had acted upon the reference. However, it is submitted that he attempted mediation between the parties. But the mediation got failed. The arbitrator, therefore, recused himself from arbitration. Under those circumstances, this application has been filed, seeking for substitution of the arbitrator by a new arbitrator. 2. The learned counsel for the respondents has got no objection for substituting the arbitrator. It is also represented by both the counsels that the arbitration is in the arguments stage and at this stage, the arbitrator, appointed earlier, had recused himself from arbitration. 1/4 https://www.mhc.tn.gov.in/judis 3. Since the earlier arbitrator has recused himself from arbitrating the matter at the arguments stage, this Court deems it fit to substitute the arbitrator and permit the substituted arbitrator to fix his fees with the mutual consent of both the parties to the arbitration. It is made clear that the arbitration by the substituted arbitrator shall commence the arbitration from the stage, where the earlier arbitrator had left and the substituted arbitrator shall adhere to the provisions of the Arbitration and Conciliation Act, 1996. 4. For the foregoing reasons, this Court substitutes Hon'ble Mr.Justice Sanjay V. Gangapurwala, Former Chief Justice, Madras High Court having address at Durga Mata Mandira Samor, House No.2-2-278, Govardhanagiri, Kharakuwa, Aurangabad - 431 001 as the sole arbitrator in place of Hon'ble Mr. Justice N. Paul Vasanthakumar (Retd.), Former Chief Justice, High Court of Jammu and Kashmir as the sole arbitrator to adjudicate the dispute between the petitioner and the respondents arising out of the memorandum of agreement dated 18.01.2019. The substituted arbitrator shall commence arbitration from the stage of arguments at which stage the earlier arbitrator had recused himself from arbitrating the matter. The substituted arbitrator shall adhere to the provisions of the Arbitration and Conciliation Act, 1996 2/4 https://www.mhc.tn.gov.in/judis while passing the arbitral award and complete the arbitration within the specified time as prescribed under the said Act. 5. The substituted arbitrator shall fix his fees with the mutual consent of both the parties to the arbitration, which shall be shared equally by both the petitioner and the respondents. 6. With the aforesaid directions, this application is allowed as prayed for. No Costs. 02.06.2025 ab 3/4 https://www.mhc.tn.gov.in/judis ABDUL QUDDHOSE.J., ab Arb. Appln. No.717 of 2025 in O.A. No.137 of 2021 02.06.2025 4/4 https://www.mhc.tn.gov.in/judis