Now Reading: Supreme Court replaces Justice Arun Mishra as arbitrator in Adani-Rajasthan power dispute
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Supreme Court replaces Justice Arun Mishra as arbitrator in Adani-Rajasthan power dispute
Supreme Court replaces Justice Arun Mishra as arbitrator in Adani-Rajasthan power dispute
The Supreme Court of India has replaced former judge Justice Arun Mishra with Justice Sanjay Kishan Kaul as the sole arbitrator in a dispute between Adani-linked Parsa Kente Collieries Limited (PKCL) and…
The Story in Brief
The Supreme Court of India has replaced former judge Justice Arun Mishra with Justice Sanjay Kishan Kaul as the sole arbitrator in a dispute between Adani-linked Parsa Kente Collieries Limited (PKCL) and Rajasthan Rajya Vidyut Utpadan Nigam Limited (RRVUNL). The order was passed on August 3 by a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana. Both parties agreed to the change.
RRVUNL had challenged the Rajasthan High Court's July 3 appointment of Justice Mishra, citing his involvement in an earlier related case as a Supreme Court judge. Barandbench.com reports that the court said it wanted to avoid embarrassment to a former judge by allowing objections to persist. Senior advocate Gourab Banerjee, representing PKCL, initially opposed the change, arguing Justice Mishra could not defend himself in court. The bench clarified that it did not find the legal grounds for replacement sustainable but allowed the mutual appointment.
The Indian Opinion
The court’s eagerness to shield a former judge from ‘embarrassment’ is understandable but uneasy. By swapping arbitrators mid-stream without finding the objection legally sound, the bench has set a fuzzy precedent. The real test is not who sits as arbitrator, Justice Kaul or anyone else, but whether the eventual award is fair and enforceable. Can the next losing party also demand a new umpire just because the old one once ruled against them?
Source: barandbench.com
This story was synthesised by AI from the source linked above.
