21. The Supreme Court in case of Bharat Broadband Network Limited vs. United Telecoms Limited (2019) 5 SCC 755 in context of the judgment in TRF Ltd. Vs. Energo Engineering Projects Ltd. 2017 8 SCC 377 had clearly stated as soon as a clarificatory judgment is pronounced, Section 14 of the Act comes into play, automatically terminating the mandate de jure.

22. In view of the above, the petition deserves to be allowed.

23. The mandate of Mr. Vivek Kumar Tandon, Advocate, the present Sole Arbitrator, is hereby terminated. This, however, is not a reflection on the competence of the said Arbitrator.

24. With the consent of the parties, Mr. Justice Swatanter Kumar, former Judge of Supreme Court is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

25. The address and mobile number of the learned Arbitrator is as under: Mr. Justice Swatanter Kumar, Former Judge, Supreme Court of India, ARB.P. 546/2019 Page 7 of 7 C-3/5, 1 Floor, Safdarjung Development Area, New Delhi-110016. Mobile: 9560413636.

26. The learned Arbitrator shall give disclosure under Section 12 of the Act before entering upon reference.

27. Fee of the Arbitrator shall be fixed as per Fourth Schedule of the Act.

28. Needless to say that the newly appointed Arbitrator will begin the proceedings from the stage of procedural hearing.

29. Ms. Rajesh, at this stage, also points out that the claims of the petitioner are barred by time.

30. The question of the claims of the petitioner being barred by time is left open to be decided by the Arbitral Tribunal.

31. The petition is allowed and the pending application is disposed of in the aforesaid terms. JYOTI SINGH, J FEBRUARY 07, 2020