- (1.) The present petition, preferred under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeks a direction from this Court for appointment of a presiding arbitrator. It is averred in the petition that Justice A.M. Ahmadi, formerly Chief Justice of India, was nominated by the petitioner and Justice V.N. Khare, formerly Chief Justice of India, was nominated by the respondent. The learned arbitrators mutually agreed to nominate Justice M.H. Kania, formerly Chief Justice of India, to act as the presiding arbitrator. With the efflux of time, Justice M.H. Kania withdrew himself as the presiding officer of the tribunal because of certain personal problems.
(2.) As the factual narration would further unfurl, Justice A.S. Anand, formerly Chief Justice of India, was appointed as the presiding arbitrator by this Court taking into consideration Clause 27 of the agreement entered into between the parties. On 21.9.2017, Justice Anand recused himself. After the recusal of Justice Anand and his sad demise, the present petition has been filed for appointment of the presiding arbitrator of the tribunal. Ordinarily, we would have adverted to Clause 27 of the agreement and its impact but the learned counsel for the parties, in the course of hearing, very fairly submitted that a former Chief Justice of this Court be appointed as the presiding arbitrator of the tribunal.
(3.) Keeping in view the aforesaid request made by the parties, we appoint Justice R.C. Lahoti, formerly Chief Justice of India, as the presiding arbitrator.;