HANUMANDASS RAJKUMAR PRIVATE LIMITED Vs. TRILOK KUMAR JHA

JUDGEMENT

(1.) This arbitration petition is for appointment of Arbitrator.

(2.) On last occasion of hearing Mr. Tyagi, learned advocate appearing on behalf of respondent had relied upon judgement of Supreme Court in Shailesh Dhairyawan Vs. Mohan Balkrishna Lulla reported in (2016) 3 SCC 619, on paragraphs 16 and 17. Relevant extracts from said paragraphs are reproduced below:

(3.) Today Mr. Tyagi relies on judgement of a learned single Judge of High Court of Karnataka in Bangalore Housing Development and Investment Vs. IBC Knowledge Park Private Limited reported in AIR 2010 Kant 59, on paragraphs 1 and 7. He submits, facts in that case were, in the 17th sitting of arbitral tribunal, the arbitrator indicated he wanted to recuse himself from the case. In context of those facts his reliance on, inter alia, paragraph 7 in the judgement, which is reproduced below: