S K AND ASSOCIATES Vs. INDIAN FARMER

JUDGEMENT

(1.) THIS is an application by the petitioners for revocation of the mandate of the Arbitrator appointed under Section 11 of the "Arbitration a'nd Conciliation Act, 1996 who is respondent No. 2 to THIS application. It is not the case of the petitioners that the Arbitrator has withdrawn himself and consequently there is a vacancy. The challenge is made on the ground that the petitioners have serious dispute about impartiality of the Arbitrator.

(2.) THE respondents have filed their reply wherein they have raised the plea that considering the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act), it is open to the petitioners to seek direction for removal or recall of the Arbitrator. It is submitted that the Chief Justice exercising his power under Section 11 cannot exercise jurisdiction to recall an Arbitrator on the ground as has been raised on behalf of the petitioners. Section 11 can only be invoked when there is a vacancy.

(3.) CONSIDERING these provisions in the Act, which provide for a challenge to the continuance of the Arbitrator, the present application is not maintainable and consequently, the application stands rejected.