BHUPENDER LAL GHAI Vs. CROWN BUILDTECH PRIVATE LIMITED

JUDGEMENT

(1.) The applications, i.e. I.A. No. 5824/2011 and I.A. No. 5823/2011 had been jointly filed by the parties, duly signed by the parties and their respective counsels and also supported by the affidavits of the petitioner and Mr. Surendra Vasudeva, authorized representative of the respondent, with the prayer that the Court may allow the payment of additional fee to the learned sole Arbitrator in accordance with the Delhi High Court Arbitration Centre (Arbitrators Fees) Rules to be shared equally, after deducting the amount of Rs.2 lacs, which was the lump sum fee fixed by the court in two cases, including the present. The need for hearing detailed submissions of the learned counsel and for passing this order has arisen, as the respondent has sought to withdraw its consent and sought to allege bias against the learned Arbitrator.

(2.) The parties entered into two contacts dated 23.02.2007 which contain arbitration agreements in clauses 43 and 37 respectively. The arbitration agreements provide for resolution of the disputes arising out of the respective agreements through a Sole Arbitrator. As disputes arose between the parties, the two arbitration agreements were invoked by the petitioner. Since the parties could not agree on the name of the sole Arbitrator in terms of the arbitration agreements in two agreements in question, the petitioner preferred Arb. Pet. No. 470/2009 and Arb. Pet. No. 471/2009 in this Court, which were disposed of by the Court on 15.02.2010 appointing Mr. Justice Ajit Prakash Shah, retired Chief Justice of this Court as the sole Arbitrator. The Court fixed consolidated lumpsum fee of Rs.2 lacs in both the cases.

(3.) The proceedings in the two cases started before the learned Arbitrator. It appears that extensive evidence was recorded before him, which was partially common and partially distinct.