NETAJI SUBHASH INSTITUTE OF TECHNOLOGY Vs. SURYA ENGINEERS

JUDGEMENT

(1.) This is a petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 seeking setting aside of the impugned Arbitral Award dtd. 4/8/2007 passed by the respondent no. 2, i.e. the learned Arbitrator.

(2.) The petitioner has impleaded the learned Arbitrator in the present petition. This is an unusual practice and should be deterred. The Arbitrator is not a party to the proceedings but sits as an adjudicator over the dispute between the parties. He is a creature of the agreement to adjudicate the inter-se disputes arisen between the parties and not personally involved or personally liable in any other way. Impleadment of Arbitrators, as parties to the proceedings under Sec. 34 of the Arbitration and Conciliation Act, 1996, have the potential to jeopardize the sanctity of arbitral proceedings, especially since adequate framework for challenging the decision taken by the Arbitrator is in existence. In this view, the impleadment of the Arbitrator need not be done. Respondent No. 2 is deleted from the array of parties.

(3.) Henceforth, respondent no. 1 is being referred to as respondent.