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Sunil Jain (D) Thr. LRs. and Anr. vs Chandra Kala & Anr.

Civil Appeal · 2022 INSC 1115Decided 19 Oct 2022
Civil Appeal No. 10314 of 2016

Background

This is a short procedural order, not a full judgment on merits. It arises out of an ongoing dispute between Sunil Jain (through his legal representatives, since deceased) and Chandra Kala, in which the Supreme Court had earlier, in 2018, appointed a sole arbitrator (a retired District Judge) to settle the parties' dispute. That arbitrator subsequently passed away, leaving the arbitration without a presiding officer, so the applicants approached the Court seeking appointment of a fresh arbitrator to continue the proceedings.

Decision Breakdown

The Supreme Court noted that the previously appointed arbitrator had died, allowed the application, and appointed Justice K. Chandru, a former judge of the Madras High Court, as the new Sole Arbitrator in his place, to continue settling the dispute between the parties. This order does not decide the underlying dispute between the parties. It only ensures the arbitration mechanism could continue functioning.

Lesson Learnt

Where a court-appointed arbitrator becomes unable to continue (here, due to death), the parties may approach the same court to appoint a replacement so that the arbitration process is not derailed by circumstances beyond anyone's control.

Official source (sci.gov.in)View Judgment (PDF)

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