GOPALRAM GUMANIRAM CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 ('the Act') has been filed by the applicant with a prayer for appointment of a substitute arbitrator as the appointed arbitrator's mandate has been terminated.

(2.) It is, inter-alia, indicated in the application that by order dated 13.11.2013 passed in S.B. Civil Misc. Arbitration Application No.19/2011, Mr. T.K. Parmar was appointed as arbitrator to resolve the dispute between the parties as referred in the notice dated 06.07.2009 and notices dated 01.07.2009. The arbitrator entered the reference by his letter dated 24.12.2013 calling upon the parties to file their claim / counter claim. It is claimed that the applicant filed his claim within 15 days, however, the respondent department filed its response after 5-6 months.

(3.) It is alleged that the arbitrator appointed Personal Assistant (P.A.) of respondent No.2 i.e. Chief Engineer, IGNP, Bikaner for the purpose of providing secretarial assistance by his communication dated 02.04.2014 (Annex.4). Allegations have been made that during pendency of the proceedings, the arbitrator was informed about his bias towards the respondents on account of his operating from the office of the respondents, managing the record of arbitration in the computer system of the respondents and communication to PA/PS. The arbitrator assured about shifting his office, which was not done and raised bill of Rs.57,000/- for the secretarial assistance. The applicant by its communication dated 20.02.2018 (Annex.6) and reminder dated 28.02.2018 (Annex.7) expressed its dissatisfaction regarding the manner of working on the above stated grounds. The communications were responded by the arbitrator vide communication dated 24.07.2018, wherein it was indicated that as notices dated 20.02.2018 and 28.02.2018 were received under Sections 12(3) and 13(2)(3) of the Act, he has suspended the proceedings of arbitration. It was indicated that the arbitration fees amounting to Rs. 2,62,150/- has not been paid, which be paid and that the applicant herein can take steps before the High Court for appointment of another arbitrator. It is, inter-alia, claimed in the application that on account of conduct of arbitrator, he has apparently withdrawn from the office and therefore, another arbitrator be appointed.