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2026 DAILYLAW 14068 (DEL)

REHANI INDCON PVT LTD v. MARTIN AND HARRIS LABORATORIES LTD

O.M.P. (T) (COMM.)/49/2026 · 2026-07-23

Avneesh Jhingan

body2026

Judgment text

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$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 49/2026, I.A. 11475/2026 & I.A. 11476/2026 REHANI INDCON PVT LTD .....Petitioner Through: Mr. Kartikey Sikka & Mr. Syed Naqvi, Advs. versus MARTIN AND HARRIS LABORATORIES LTD .....Respondent Through: Mr. H. L. Tiku, Sr. Adv. with Ms. Yashmeet Kaur, Mr. Rahul Regmi & Mr. Hitesh Wadhwa, Advs. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN O R D E R % 23.07.2026 1. This petition has been filed under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) seeking substitution of the arbitrator. 2. The brief facts are that the petitioner was a successful bidder in a tender invited by the respondent. Clause 27 of tender documents provided for dispute resolution through arbitration. The petitioner invoked arbitration vide notice dated 12.11.2023 under Section 21 of the Act and this court vide order dated 30.04.2014 appointed Mr. Justice Retired R. V. Easwar as the Sole Arbitrator. 3. Learned counsel for the petitioner contends that the reference was made in 2014 and the arbitral proceedings are still at the stage of claimant evidence. It is submitted that the last hearing was held on 23.11.2023. Hence, the prayer for substitution. 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 01/08/2026 at 11:13:37 4. Learned senior counsel for the respondent has no objection to the prayer made. Submission is that the right to raise an objection that in the event the petitioner succeeds in the arbitral proceedings, the petitioner will not be entitled to interest for the period attributable to the unexplained delay in approaching this Court. 5. The petition is allowed. 6. Dr. Amit George, Advocate (Mobile No.9910524364) is appointed as the sole arbitrator and shall substitute the earlier arbitrator. 7. Arbitral proceedings will be held under the aegis of Delhi International Arbitration Centre (DIAC). Fee of the Arbitrator shall be fixed as per fee schedule. 8. Before entering upon reference, the learned Arbitrator will comply with Section 12 of the Act. 9. It is made clear that since this Court has not expressed any opinion on the merits of the rival claims of the parties and it will be open for the parties to file their respective claims/counter claims before the learned Arbitrator which will be considered in accordance with law. 10. A copy of this order be forwarded to the learned Arbitrator for information. AVNEESH JHINGAN, J JULY 23, 2026/JYH 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 01/08/2026 at 11:13:37