A. JAYAKANTHAN Vs. J.R.S. CRUSHER

JUDGEMENT

(1.) This appeal has been filed under Sec. 37 of the Arbitration and Conciliation Act, challenging the order dtd. 12/4/2021 passed by the Arbitral Tribunal in M.P. No.20 of 2020 under Sec. 13 (3) of the Arbitration and Conciliation Act dismissing the application filed by the Appellant requesting the Arbitrator to withdraw from the Arbitral proceedings.

(2.) The Appellant and the respondents 2 to 5 are the Partners of a Partnership Firm by name M/s.JRS Crusher. There arose disputes between the Partners under the Partnership Deed dtd. 27/7/2013 and the dispute was referred to Arbitration at the instance of respondents Nos.2 to 4 and the Arbitral Tribunal was constituted as per the Arbitration clause contained in the Partnership Deed. The Arbitral Tribunal accepted the Arbitration reference and issued notice to the Appellant, who is the first respondent in the Arbitration. After entering appearance through a counsel in the Arbitration, the Appellant filed M.P. No.20 of 2020 before the Arbitral Tribunal under Sec. 13(2) read with 12 (3) (a) of the Arbitration and Conciliation Act, 1996 requesting the Arbitral Tribunal to withdraw from the Arbitration proceedings. In application M.P. No.20 of 2020, the reasons given by the Appellant for requesting the Arbitrator to withdraw from the Arbitral proceedings are as follows ;-

(3.) According to the Appellant, the aforementioned reasons raise justifiable doubts as to the independence and impartiality of the Arbitral Tribunal.