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Bombay High Court

Ms Bhanushali and companyversusMs Container Corporation of India Ltd

Decided
Disposal
DISPOSED OFF

Holding

The court appointed Advocate Amrut Joshi as the substitute arbitrator to continue the arbitration proceedings.

Summary

The petitioners sought the appointment of a new arbitrator after the originally appointed arbitrator recused himself, citing his empanelment with the Union of India. The court noted the recusal and, upon the petitioners' request, appointed Advocate Amrut Joshi as the substitute arbitrator. The court clarified that the new arbitrator would continue the arbitration from the point where the previous tribunal left off. No substantive merits of the underlying dispute were addressed. The interim applications concerning the substitution were consequently disposed of.

Issues considered

  • Whether the court may appoint a substitute arbitrator upon the recusal of the originally appointed arbitrator
  • Whether the recusal of an arbitrator on the ground of being empanelled for the Union of India necessitates substitution

Subjects

  • commercial arbitration
  • substitution of arbitrator
  • recusal
  • interim application
  • arbitration proceedings

Judgment

                                                                1/2                 45 CARBP-821-2026.DOC




                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           ORDINARY ORIGINAL CIVIL JURISDICTION
        Digitally
        signed by
        SAIRAJ
SAIRAJ  SANJAY
SANJAY  KARANDE                       COMMERCIAL ARBITRATION PETITION NO. 821 OF 2026
KARANDE Date:
        2026.09.19
        14:21:04
        +0530

                     Ms Bhanushali and Company                                 … Petitioner
                                     Vs.
                     Ms Container Corporation of India Ltd                     … Respondent


                                                               AND
                                   COMMERCIAL ARBITRATION PETITION NO. 822 OF 2026
                                                             _______
                     Ms. Dishita Karnavat i/b EJ Law LLP for Petitioner.
                     Mr. T. J. Pandian, Ms. Aarti Gupta, Mr. Gautam Modanwal, Ms. Vaishali Barot,
                     Mr. Noorjahan Khan for Respondent.
                                                             _______


                                                   CORAM         :      ARIF S. DOCTOR, J.
                                                   DATE          :      17th September, 2026.


                     P.C.


                     1.       These Interim Applications are filed for the substitution of an Arbitrator.


                     2.       It is pointed out that the learned Arbitrator who was appointed by this


                     Court vide an Order dated 8th January, 2026 has recused himself because he was


                     empanelled for the Union of India.


                     3.       Learned counsel for the Petitioner had therefore, today called upon the


                     Court to appoint a substitute Arbitrator.



                     Sairaj
                                           2/2                45 CARBP-821-2026.DOC


4.       By consent of learned counsel for the Petitioner, Court appoints Advocate


Amrut Joshi as the Arbitrator.


5.       The details of Mr. Amrut Joshi are as follows :


                     Name            : Mr. Amrut Joshi
                     Contact No.     : 9004200707


6.       It is clarified that the learned Arbitrator now appointed shall continue


Arbitration proceedings from the stage at which they were in the previous


Arbitral Tribunal.


7.       Interim Applications are accordingly, disposed of.




                                                                (ARIF S. DOCTOR, J.)




Sairaj


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