Social Genics Hospitality Ventures LLP v. Amar Nath Chowdhary & Ors.

Through :- Mr. Pranav Kohli, Sr. Advocate with M/s Vastav Sharma & Pawan Dev Singh, Advocates. v/s Amar Nath Chowdhary and ors. .....Respondent(s) Through :- Mr. Kamal Mangotra, Advocate. CORAM: HON’BLE THE CHIEF JUSTICE ORDER 09.06.2023 (oral)

Heard Mr. Pranav Kohli, learned senior counsel assisted by M/s Vastav Sharma and Pawan Dev Singh, learned counsel for the applicant and Mr. Kamal Malhotra, learned counsel for the respondent who has appeared today and seeks some time for addressing arguments. However, learned senior counsel for the petitioner submits that in view of the fact that the earlier arbitrator appointed by this Court vide order dated 24.04.2022, namely, Sh. Pawan Dev Kotwal (Retd. District Judge), to act as sole arbitrator, has been appointed as President of District Consumer Forum Jammu, and now he cannot continue to act as an arbitrator, inasmuch, and he himself has recused from continuing as arbitrator.

The fact that the aforesaid arbitrator Sh. Pawan Dev Kotwal (Retd. District Judge) has been appointed as President District Consumer Forum Jammu, has not been disputed by learned counsel for the respondents and if that -2- being so, this Court is also of the opinion that he will not be able to continue in view of his subsequent appointment, as the President of the District Consumer Forum Jammu, even though he was appointed by this Court.

Hence, this Court proceeds to appoint Sh. Kartar Singh (Retd. District Judge) R/o House no. 121, Phase-II, Housing colony, Udhampur, as substitute Arbitrator in place of Sh. Pawan Dev Singh. The newly appointed arbitrator shall proceed in the matter in accordance with the provisions of the Act to make an award within the time provided in the Act itself after charging the prescribed fee along with incidental expenses to be shared by the parties.

Registry to inform Sh. Kartar Singh about his appointment as an arbitrator.