SHAIWAL KUMAR SINGH Vs. MAHENDRA SINGH

JUDGEMENT

(1.) The present application has been filed seeking substitution of the arbitrator, earlier appointed by this Court, vide order dated 19.7.2018. The issue of maintainability of the application for substitution of the arbitrator so appointed has been considered by order dated 19.7.2019 wherein present application was found to be maintainable.

(2.) Heard Sri Ajay Kumar Singh, learned counsel for the applicant and Sri C.K. Parekh, learned Senior Counsel, assisted by Sri Deepak Singh, learned counsel for the opposite party.

(3.) It is undisputed between the parties that upon his appointment, the first notice was issued to the parties by the learned arbitrator (herein also described to as 'Mr. Z') on 25.9.2018, fixing 14.10.2018. While the parties did meet the learned arbitrator on a few dates, however, admittedly no claim petition came to be filed by the applicant till 9.1.2019 (or even thereafter) on which date the applicant filed the present application seeking substitution Mr. Z. The copy of the order-sheet Mr. Z does not mention any claim filed. The order-sheet of the learned arbitrator is also completely silent as to settlement of his fee.