SETECH ELECTRONICS LIMITED Vs. K N MEMANI

JUDGEMENT

(1.) By this petition under Sections 5, 11 and 12 of the Arbitration Act, 1940 (for short the Act), the petitioner seeks leave to revoke the authority and removal of respondent no.1, the sole arbitrator named in the arbitration clause in the agreement dated 18/3/1993, between the petitioner and respondent no.2, M/s. Binatone Computers Private Limited, (hereinafter referred to as the claimant) and in his place appointment of an independent arbitrator, on the ground that he has misconducted himself and the proceedings in a manner which has created reasonable apprehension in their mind that the arbitrator is biased.

(2.) The petition is resisted by respondent no.2 on the plea that it discloses no cause for revocation of the authority of the sole arbitrator and the present petition is a malafide attempt on the part of the petitioner to cause delay in the arbitration proceedings, which are now at the stage of cross examination of the claimant's witnesses.

(3.) I have heard Mr. Atul Jain, learned counsel for the petitioner and Mr.Rajiv Nayyar, learned senior counsel for the claimant, at some length, who have also taken me through various orders passed by the learned arbitrator during the course of proceedings before him.