ORDER :

The rival parties have both approached this Court invoking Section 29-A of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Arbitration Act') for extension of mandate of the learned arbitrator. The only dispute between the parties pertains to the fact that the petitioners in Commercial Arbitration Petition (L) No.24453 of 2023 i.e. M/s. Shanklecha Constructions and others, are also seeking substitution of the learned arbitrator. In that light, the said petitioners have invoked Section 14 of the Arbitration Act also, claiming that the learned arbitrator has been rendered de facto unable to perform her functions. This is seriously disputed by the petitioner in Commercial Arbitration Petition No.368 of 2023 i.e. Ashok Mohanraj Chhajed, who in turn claims that no ground is made out either under Section 14 or under Section 29-A(6) of the Arbitration Act for substitution of the learned arbitrator. For the sake of convenience, the parties are being referred to as per their status in Commercial Arbitration Petition (L) No.24453 of 2023 i.e. M/s. Shanklecha Construction and others as the petitioners and Ashok Mohanraj Chhajed as the respondent.

2. The facts