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2020 DIGILAW 530 (UTT)

Pradeep Dutta v. Dehradun Club Ltd

2020-12-04

RAVI MALIMATH

body2020
JUDGMENT Ravi Malimath, A.C.J. - Heard learned counsels. 2. Misc. application (MCC No. 644 of 2020) is a letter written by the Arbitrator appointed by this Court on 17.09.2020, whereby he has informed that due to some unavoidable reasons, he is not in a position to act as an Arbitrator. 3. In view of the facts and circumstances of the case, a new Arbitrator is required to be appointed to resolve the dispute between the parties. 4. Having considered the availability of the arbitrators, I'am of the considered view that a new arbitrator is required to be appointed. Under these circumstances, I appoint Shri K.D. Bhatt, retired District Judge, R/o House No. 297, Lane No. 5, Madhur Vihar, Ajabpur, Dehradun, to act as the sole Arbitrator, after his disclosure in writing is obtained in terms of Section 11(8) of the Act; and only after receipt thereof shall his appointment, as an Arbitrator, come into force. 5. On his giving consent to arbitrate the disputes between the parties, Shri K.D. Bhatt, retired District Judge, R/o House No. 297, Lane No. 5, Madhur Vihar, Ajabpur, Dehradun, shall enter reference, and shall pass an award in accordance with law. The learned Arbitrator shall fix his fees in consultation with both the parties. 6. Misc. application (MCC No. 644 of 2020) is disposed-off accordingly.