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Judgment
Heard on I.A. No.1 of 2026, filed by the Petitioner to replace Mr. Asutosh Moulik Learned Senior Advocate, who was appointed as an Arbitrator, by the order of this Court.
Mr. Moulik, withdrew himself as an Arbitrator as per his proceedings dated 28.09.2026.
Learned Counsel for the Petitioner suggested following names for consideration:-
Justice Satish Kumar Agnihotri, former Chief Justice of the Hon’ble High Court of Sikkim;
Justice Pius C. Kuriakose, former Chief Justice of the Hon’ble High Court of Sikkim;
Justice Rekha Palli, former Judge of the Hon’ble High Court of Delhi.
Learned Additional Advocate General on the other hand suggested Mr. S. S. Hamal and Mr. Kumar Sharma, Learned Senior Advocates, to be appointed as the sole Arbitrator.
Learned Counsel for the Petitioner apprehended about appointment of any Arbitrator who hails from the State of Sikkim, though such submission has no basis.
As Learned Counsel for both the parties could not agree up on a name for appointment of the Sole Arbitrator and in order to avoid any further controversy in this regard, this Court deems it fit to appoint Hon’ble Mr. Justice Shaji P. Chaly, Former Judge High Court of Kerala and Senior Advocate practicing in the Hon’ble Supreme Court of India, as the Sole Arbitrator. The Learned Arbitrator is free to hold the proceedings either online or physically as he deems fit to do so.
Mr. A. Moulik, Learned Senior Advocate has communicated about his withdrawal from the office of the Arbitrator due to his health condition vide letter dated 06.10.2026 and has also sought instructions regarding the claim petition alongwith documents lying in his chamber. The said documents shall be returned to the Registry and Registry in turn shall transmit the file to the newly appointed Arbitrator.
Registry is directed to take necessary steps.
In view of the above, I.A. No.01 of 2026, stands disposed of.