K. PRO INFRA WORKS PRIVATE LIMITED Vs. LOKTAK DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By judgment and order dtd. 16/10/2019 passed in Arbitration Petn.(J2) No. 2 of 2014, this Court appointed Hon'ble Mr. Justice Asok Potsangbam (Retd.), Gauhati High Court, as the Sole Arbitrator to adjudicate the disputes between the parties arising out of the Agreement dtd. 2/11/2009 entered into for execution of certain Phumdi management works. While so, Hon'ble Mr. Justice Asok Potsangbam (Retd.) passed away on 20/4/2022 before completion of the arbitration proceedings. In view thereof, the petitioner is before this Court once again under Sec. 11(6) read with Sec. 15 of the Arbitration and Conciliation Act, 1996, praying for substitution and appointment of a Sole Arbitrator.

(2.) Heard Mr. Ch. Momon and Mr. P. Mohith Reddy, learned counsel appearing for the petitioner; and Mr. Albert Keisham, learned counsel, representing Mr. H. Kenajit, learned counsel for the respondents.

(3.) As the Sole Arbitrator appointed earlier expired before conclusion of the arbitration proceedings and as it is stated that the claims of the petitioner, arising under the subject agreement dtd. 2/11/2009, would be in the range of ?. 112 Crore, it would be appropriate that a former learned Judge of the Supreme Court undertakes and continues the arbitration proceedings to settle the disputes between the parties.