SHANKAR SHABANNA KURBUR Vs. KIRTIBHAI NAROTTAMBHAI PATEL

JUDGEMENT

(1.) This is an application filed under the Arbitration Act for appointment of an Arbitrator in context of the disputes between the partners inter se. By an order dated 16.02.2018, this court (Coram : M.R. Shah, J) appointed Honourable Mr. Justice A.L.Dave (retd.)( Former Judge High Court of Gujarat) and the petition was disposed of.

(2.) Honourable Mr. Justice A.L. Dave (retd.) on appointment as arbitrator proceeded to hear and conducted arbitration proceedings. The applicant - arbitration petitioner was however constrained to file MCA No. 1 of 2019 for a prayer to appoint a sole arbitrator. This was as the sole arbitrator Honourable Mr. Justice A.L. Dave (retd.) on an application filed by the respondents, passed an order on 19.03.2019 showing his unwillingness to continue with the arbitration proceedings.

(3.) Mr. Shivang Shukla, learned advocate for the petitioner has drawn the courts attention to the relevant paragraph in the order being para no. 3 which indicates that Honourable Mr. Justice A.L. Dave (retd.) was compelled to discontinue as arbitrator as a result of the conduct of the respondents. Taking this into consideration, this court on 03.05.2019 (Coram : S.R. Brahmbhatt, J. as he then was) passed a detailed order which reads as under: