The relief which the Petitioners seek in an Arbitration Petition invoking Section 14 of the Arbitration and Conciliation Act, 1996, is in the following terms:

“that this Hon'ble Court be pleased to declare that Mr. S.N. Variava has become de jure unable to perform his functions and the mandate of Mr. S.N. Variava to act as an Arbitrator in the arbitral proceedings between the parties has terminated.”

2. The Petitioners and the Second Respondent are partners of a partnership firm by the name of Hetali Construction Company. The First Respondent is a Company incorporated under the Companies' Act, 1956 and is the Claimant in the arbitral proceedings before the Hon'ble Mr.Justice S.N. Variava, former Judge of the Supreme Court. The Petitioners are party Respondents to the arbitral proceedings. The Third Respondent to the present proceedings is the Court Receiver who has been appointed as Receiver of the properties and assets of the partnership.

3. Placing reliance on a document of 28th April 2000 as constituting an arbitration agreement between the First Respondent and the partnership, the First Respondent invoked arbitration in April 2003. The First Resp