MANJOO JOSHI Vs. SANJAY PRASAD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS application has been filed by the respondent Mr. Sanjay Prasad @ Sanjay with a prayer that in place of Mr. N.C. Mulgali any other independent Arbitrator may be appointed in this matter.

(3.) SOME dispute arose between the partners and the applicants Mrs. Manjoo Joshi and one Suresh Chandra Joshi filed a suit. In the suit, respondent took objection that the suit is not maintainable as the matter of the suit is covered by an Arbitration Agreement. Mr. N.C. Mungoli proceeded as Arbitrator, but the respondent did not cooperate and the Arbitrator, after having become frustrated with the conduct of the respondent, resigned. The applicants Mrs. Manjoo Joshi and Suresh Chandra Joshi filed an application under Section 11(6) of the Arbitration & Conciliation Act, 1996 before this Court for appointing an Arbitrator in the matter. The said application was disposed of by appointing Mr. N.C. Mungoli as Arbitrator. The order, appointing Mr. N.C. Mungoli as an Arbitrator, was passed on 28.03.2014. Now, after a period of three months, an application has been filed by the respondent for changing Mr. N.C. Mungoli by another independent Arbitrator.