RAM KRISHAN ASSOCIATES PVT. LTD. vs ASIAN HOTEL (NORTH) LTD

Judgment text excerpt

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 24.04.2025 % O.M.P. (T) (COMM.) 31/2025 & I.A. 10206/2025, I.A. 10207/2025 RAM KRISHAN ASSOCIATES PVT. LTD. ....Petitioner Through: Mr. Deepak Dhingra, Mr. Aastik Dhingra, Ms. Sneh Somani, Advs. versus ASIAN HOTEL (NORTH) LTD. .....Respondent Through: Ms. Akanksha Kaul, Mr. Aman Sahani, Ms. Ashima Chopra, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JASMEET SINGH, J. (ORAL) 1. This is a petition filed under Section 14 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking termination of the mandate of Justice Mr. R.K. Gauba (Retd.) (“the learned arbitrator”) on the ground of justifiable doubts concerning his independence and impartiality. 2. Additionally, the petitioner also seeks to challenge the order dated 25.03.2025 passed by the learned arbitrator and appoint another arbitrator to adjudicate the disputes between the parties. Digitally Signed By:DEEPANSHU MALASI O.M.P. (T) (COMM.) 31/2025 Page 1 of 15 Signing Date:09.05.2025 13:06:12 FACTUAL BACKGROUND 3. The case of the petitioner, one among 26 similarly placed claimants, against the respondent, arises from the alleged wrongful sealing of their respective commercial premises on 29.05.2020 located in the shopping arcade of Hotel Hyatt Regency, New Delhi. 4. The said dispute was referred to arbitration in view of the arbitration clause in the agreements. 5. Vide the order dated 02.09.2024 passed by this Court, the learned arbitrator was appointed as the sole arbitrator, who entered reference on 07.09.2024 and issued a declaration about his neutrality. 6. It is stated that the petitioner later discovered that prior to the appointment of the learned arbitrator, he had already been appointed as an “Administrator” of Exclusive Capital Ltd. (“