DOSHION PRIVATE LIMITED Vs. HINDUSTAN ZINC LIMITED

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India is directed against the order dtd. 9/4/2018 passed by the Commercial Court, Jaipur, whereby, the application filed by the petitioner under Sec. 14 of the Arbitration and Conciliation Act, 1996 ('the Act') has been partly accepted requiring the learned arbitrator to resettle his fees according to Schedule IV read with Notification of the High Court dtd. 23/3/2017, the proceeding dtd. 1/4/2018 carried out by the arbitrator closing the evidence of the petitioner has been set aside, however, the prayer to declare that the mandate of the learned arbitrator stands terminated has been declined.

(2.) On a dispute arising between the parties i.e. the petitioner and the respondent no.1 ('HZL'), this Court, by order dtd. 27/9/2016, on an application filed by the HZL, appointed the sole arbitrator to adjudicate upon the disputes between the parties in terms of the arbitration agreement and as per the Manual of Procedure for Alternative Dispute Resolution, 2009.

(3.) During the course of arbitration proceedings, the learned arbitrator fixed the fee for arbitration to be Rs.75.00 lakh, which was contested by the petitioner and it sought its reconsideration in the light of Schedule IV of the Act, which prayer was declined by the arbitrator.