HIMANSHU SHEKHAR Vs. PRABHAT SHEKHAR

JUDGEMENT

(1.) The petitioner has filed the present petition under Ss. 14(2) and 15 of the Arbitration and Conciliation Act, 1996 (hereafter the 'A&C Act '), inter alia, praying that the mandate of the Sole Arbitrator - Mr. Subhash Chandra Batra (hereafter the 'Arbitrator ') be terminated and an independent arbitrator be appointed in his place.

(2.) The petitioner claims that the Arbitrator is ineligible to act as an arbitrator by virtue of Sec. 12(5) of the A&C Act. He is related to the parties and they have not entered into any agreement waiving their right to waive the ineligibility, in terms of the proviso to Sec. 12(5) of the A&C Act.

(3.) In addition to the above, the petitioner also avers that the manner in which the Arbitrator has conducted the proceedings, indicates his bias. In particular, it is contended that the Arbitrator has passed orders granting interim relief without any application to the aforesaid effect. It is further submitted that the Arbitrator has also passed orders against the persons, who are not signatories to the Arbitration Agreement or to the arbitral proceedings.