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2023 Supreme(Bom) 1063

BHARATI DANGRE
Sanjeev Kumar – Appellant
Versus
Bharat Co-op Bank – Respondent


Advocates appeared:
Aniruddha Mitra, Advocate, Amritam Mandal, Advocate, Anukul Seth, Advocate, Nishtha Malik, Advocate, Sonali Kochar, Advocate, Yatin Shah, Advocate, Veer Kankaria, Advocate, Sunil Shukla, Advocate

JUDGMENT

1. By the two applications filed under Sec. 11(5) read with Sec. 14 and 15 of the Arbitration and Conciliation Act, 1996, the two applicants, who are the opponents before the Arbitral Tribunal, which was constituted to adjudicate the claim filed by the respondent Bharat Co-operative Bank Ltd, Bombay, seek the following reliefs :-

(i) The mandate of the learned Arbitrator be terminated on account of lacunae of S.21 Notice and also as de-jure and de-facto being ineligible to act as an arbitrator as his appointment is hit under Sec. 12 of the Arbitration and Conciliation Act, 1996 read with 5th 6th and 7th Schedule thereunder,

(ii) Another arbitrator be appointed to adjudicate the disputes between the parties.

(iii) Interim stay of all further proceedings in the arbitration till the disposal of the instant application be granted by this Hon'ble Court;

2. The applicants proceed to narrate in the two distinct applications, that on receipt of the communication from the Sole Arbitrator, dtd. 25/11/2021, the applicants were informed about initiation of arbitration by the respondent Bank, pursuant to which the Arbitrator had entered upon a reference and the arbitration proceedings w

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