Appointment of New Arbitrator in Sunil Jain v. Chandra Kala Case

The case in question revolves around a civil appeal filed by Sunil Jain (D) Thr. LRs. and Anr. against Chandra Kala and Anr. before the Supreme Court of India. The matter at hand concerns the necessity of appointing a new arbitrator following the death of the previously appointed arbitrator. In this post, we will explore the details of the judgment and the reasoning behind the appointment of a new arbitrator.

The petition was filed after the unfortunate demise of Shri Ram Prakash Bajaj, the retired district judge, who had been appointed as the arbitrator in this case through an order dated September 25, 2018. With the passing of Shri Bajaj, the dispute between the parties remained unresolved, thus necessitating the appointment of a fresh arbitrator to carry forward the arbitration process.

The bench, comprising Justice M.R. Shah and Justice Krishna Murari, carefully considered the application presented before them. The applicants requested the appointment of a new arbitrator to replace the late Shri Bajaj. They emphasized the urgency of resolving the dispute, especially since the arbitration had not yet been concluded.

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In their judgment, the Court acknowledged the unfortunate circumstances surrounding the death of the appointed arbitrator. They ruled in favor of the applicants, allowing their request and appointing Shri Justice K. Chandru, former judge of the Madras High Court, as the new sole arbitrator. The Court’s decision effectively brought an end to the application for a change of arbitrator, ensuring that the arbitration proceedings could continue under the direction of the newly appointed arbitrator.

The judgment highlights the Court’s role in ensuring that disputes are resolved without unnecessary delay, particularly when unforeseen circumstances, such as the death of an arbitrator, occur. The appointment of Justice K. Chandru, an experienced legal figure, underscores the Court’s commitment to maintaining the integrity and fairness of the arbitration process.

This judgment serves as a reminder of the importance of timely appointments and the flexibility of the legal system in addressing unexpected challenges that may arise during legal proceedings. By ensuring that the arbitration process continues smoothly, the Court upheld the principles of justice and dispute resolution.

Petitioner Name: Sunil Jain (D) Thr. LRs..
Respondent Name: Chandra Kala.
Judgment By: Justice M.R. Shah, Justice Krishna Murari.
Place Of Incident: New Delhi.
Judgment Date: 19-10-2022.

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