SHANT CHADHA Vs. KESHO RAM INDUSTRIES LTD

JUDGEMENT

(1.) This petition under Section 11 of the Arbitration and Conciliation Act (hereinafter referred to as 'the Act") has been filed for appointment of an arbitrator. It is submitted that an agreement dated 01.02.2009 was entered into between the parties. In the said agreement the petitioner was appointed as a Canvassing Agent upon certain terms and conditions and the period of appointment was of 12 months with effect from 01.02.2009. During the existence of this agreement certain disputes had arisen between the parties. As per clause 16 of the agreement, parties had agreed to the appointment of Sole arbitrator Sh.N.G.Khaitan. A letter dated 01.06.2013 was written to the respondent wherein the respondent was informed that the petitioner doubts the integrity of named arbitrator Mr.N.G.Kaitan who is an advocate and handling the legal matters of the respondent.

(2.) A reply dated 26.07.2013 had been received from the respondent. In the reply the respondent has stated that Sh.N.G.Khaitan, Advocate had been accepted by both the parties at the time of entering into the contract and therefore he cannot be changed.

(3.) The present petition has been filed by the petitioner with the prayer to appoint a sole arbitrator and to refer the dispute to him on the ground that Mr.N.G.Khaitan, Advocate is working with M/s S.Andersons & Morgans, Advocates and Solicitors, a legal firm which is handling all the matters of the respondent company and the petitioner apprehends that he would not be able to adjudicate the dispute between the parties fairly and shall be biased towards the respondent.