R L PINTO Vs. P A W BARNARD

JUDGEMENT

(1.) This appeal is directed against an order removing the arbitrator on the ground that he committed an act of legal misconduct. The only allegation has been that the arbitrator demanded his fees and expenses exclusively from the respondent and accepted a portion of such fees without the knowledge of the other side. Having carefully gone through the records, we have not been able to see how the same amounts to legal misconduct. The High court has also given a finding that there are no arbitrable issues. We, however, keep this question open.

(2.) It has been, however, brought to our notice that the arbitrator so appointed is no more and therefore the arbitration proceedings have to be started afresh. It is open to the appellant to approach the Second Additional Civil Judge, bangalore for appointing sole arbitrator or arbitrators. The arbitrators soappointed shall decide all the issues including the issue whether there is an arbitrable issue, or not. With the above observations the appeal is disposed of. There will be no order as to costs