PANNALAL MAHABIR PRASAD Vs. INDIA INFOLINE FINANCE LTD.

JUDGEMENT

(1.) Despite service, none appears on behalf of the respondents. Affidavit of service filed today be kept on record.

(2.) Despite appearing in the cause list, the records of G.A. No. 1 of 2020 and G.A. No. 2 of 2021 have not been sent to this court. However, since the petitioner has also made an interim prayer in the application under Sec. 34 of the Arbitration and Conciliation Act, 1996 itself, for stay of operation of the impugned award, such prayer is taken up for consideration.

(3.) It is glaring that the arbitrator, namely, Mr. Prakash Kashinath Hushing, who passed an interim order in respect of the arbitration agreement, was not the person who passed the purported final award. The final award was apparently passed by one Mr. Rohit Singh. It is patent that two different persons could not have acted as arbitrator interchangeably, that too behind the back of the present petitioner.