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TMI Blog2002 (5) TMI 808X X X X Extracts X X X X X X X X Extracts X X X X ..... t upon the termination of the mandate of Shri S.M. Johri, who has withdrawn from the office due to some personal reasons. In the alternative, it is prayed that the Court may substitute an Arbitrator in place of Shri S.M. Johri. 2. The petitioner had entered into a contract with respondent No. 1 for construction of 120 dwelling units for Shivlok Co-operative Group Housing Society Limited at Plot No. 6, Sector-6, Dwarka, Phase-1, New Delhi vide agreement dated 20th April, 1995. Disputes arose when 29th R/A bill was submitted by the petitioner on 29th December, 1999. The net amount of the bill was Rs. 53,03,456. The respondent No. 1 instead of paying the bill stated that the petitioner had been paid Rs. 44.35 lakhs in excess. The agreement co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r right to appoint an Arbitrator and as such an Arbitrator in place of Shri S.M. Johri be appointed by the Court. Learned counsel for the respondent No. 1 contends that as per the arbitration clause, a Fellow of "Indian Institute of Architects" was to be appointed as an Arbitrator. Shri Tilak Raj Takulia, Architect being a Fellow of Indian Institute of Architects has already been appointed as a substitute for Shri S.M. Johri and he has even sent his acceptance vide his letter dated 1st April, 2002. The appointment of the substitute arbitrator is within a reasonable time. A copy of the letter dated 1st April, 2002 of Shri Tilak Raj Takulia, addressed to President Shivlok Co-operative Group Housing Society Limited has been placed on record to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 11(6) of the Act, under such a situation, the Court had observed that the respondent was abdicated of its powers to appoint an Arbirator. This case is also not applicable on facts to the instant case. 4. In the instant case, an arbitrator, who has resigned, has to be substituted. Section 15 of the Act provides for termination of the mandate and substitution of Arbitrator. According to this section, where an Arbitrator withdraws from the office for any reason, his mandate would come to an end and a substitute Arbitrator has to be appointed in his place. Such a substitution has to be in accordance with rules which were applicable to the appointment of the Arbitrator being replaced. This provision shows that while appointing a substit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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