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2017 Supreme(Bom) 2060

G.S.PATEL
Sheetal Maruti Kurundwade – Appellant
Versus
Metal Power Analytical (I) Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. V.T. Lulia
For the Respondents: Mr. Karl Tamboly, Mr. Rishabh Vora, Mr. Ashish Venugopal, M/s Hariani & Co.

JUDGMENT :

G.S. Patel, J.

This Petition is filed under Section 9 and Sections 12(3) and 12(5) of the Arbitration & Conciliation Act, 1996 ("the Arbitration Act"). The Petitioner is the Respondent or opposite party in an arbitration. The 1st Respondent is the claimant. The Notice of Motion seeks ad-interim reliefs in terms of the Petition. By consent, I have taken up the Petition itself for hearing and final disposal. Mr. Lulia for the Petitioner says he has no objection since he is canvassing a question of law and statutory interpretation.

2. The Petition raises a narrow but important point under the Arbitration Act after its 2015 amendment. The question is about the scope and purport of the newly introduced provisions regarding the appointment of arbitrators and challenges to their continuance. Sections 12(1), 12(3), 12(5) and item 3 of Schedule VII of the amended Arbitration Act fall for consideration. Specifically, whether an arbitrator should stand disqualified or be removed in these circumstances, viz.: the arbitrator is a practicing counsel; he is briefed by various law firm in different matters; one such law firm is the one engaged by one of the parties to the arbitration; the









































































































































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