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2000 Supreme(Bom) 307

F.I.REBELLO
Hasmukhlal H. Doshi and another – Appellant
Versus
Justice M. L. Pendse and others – Respondent


JUDGMENT - F.I. REBELLO, J.:---Admit.

2.Respondents waive service. By consent, heard forthwith. All the petitions involve similar facts and common question of law and therefore are being decided by a common judgment.

3.The petitioners by Arbitration Petition (Lodg.) No. 102 of 2000 in Arbitration Suit No. 1930 of 1987 has prayed that the mandate of the Sole Arbitrator appointed by this Court by an Order dated 2nd August, 1996 stands terminated. Similar, relief is prayed for in Arbitration Petition (Lodg.) No. 104 of 2000 in respect of Arbitration Suit No. 1928 of 1987 where appointment was made by order of this Court dated 2nd August, 1996. The same relief has also been prayed for in Arbitration Petition (Lodg.) No. 105 of 2000 in Arbitration Suit No. 1926 of 1987 wherein appointment was done by an order dated 2nd August, 1996.

The petitioners have invoked section 14 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as 'the Act'. It is contended that from the facts on record, circumstances have arisen, which give rise to justifiable doubt as to the independence or impartiality of the Arbitrator. In these circumstances, it is pointed out from the pleadings as set o

































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