Prabhatm Advertising Pvt. Ltd vs Bharat Sanchar Nigam Limited

Jyoti Singh, J

Mr. L.B. Rai, Advocate enters appearance and accepts notice on behalf of the respondent. He submits that respondent has no objection to the time being extended and also to the change of Arbitrator as prayed for by the petitioner. He, however, submits that Mr. Rakesh Satyarthi, learned ADJ (Retd.) is an Arbitrator in a connected litigation between the same parties, and therefore, the same Arbitrator be appointed to conduct the present arbitration proceedings as well.

Learned counsel for the petitioner has no objection to this submission of the respondent.

Learned counsel for the petitioner submits that the erstwhile Arbitrator had given the interim Award on 22.09.2018, which has been challenged by the respondent in this Court but the challenge was subsequently withdrawn.

He further submits that there have been no proceedings thereafter.

Statutory period of twelve months expired on 30.05.2018. Learned counsels for the parties point out that since arbitration was initiated under the Old Act, no extension was sought for the proceedings to continue.

With the consent of the parties, the time for completion of proceedings and passing of the Award is extended for a period of eight months from 19.12.2019. Period between 31.05.2018 to 18.12.2019 is hereby regularised.

With the consent of the parties, Shri Rakesh Satyarthi, is hereby appointed as Arbitrator to conduct further proceedings.

The time of eight months will start from the date the new Arbitrator receives notice of this proceeding. The mandate of Mr. Rakesh Kumar, the earlier Arbitrator, is terminated.

The new Arbitrator shall give disclosure under Section 12 of the Act before entering upon reference.

Fee of the Arbitrator shall be fixed as per Fourth Schedule of the Act.

Needless to say that new Arbitrator will resume proceedings from the stage at which they were left by Mr. Rakesh Kumar.

The petition is allowed in the aforesaid terms.