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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN, J
Jankar Steel Pvt. Ltd. – Appellant
Versus
Tjsb Sahakari Bank Ltd. – Respondent
JUDGEMENT :
[SOMASEKHAR SUNDARESAN, J.]
Context and Background:
1. This Petition has been filed seeking to invoke the jurisdiction of this Court under Section 14 and Section 15 of the Arbitration and Conciliation Act, 1996 (“the Act”).
2. Essentially, the Petitioners request this Court to interfere mid-course, when arbitration proceedings are underway. The Petitioners filed an application before the Learned Arbitrator, calling upon him to recuse from the proceedings on the ground of his impartiality and independence being allegedly suspect. The Learned Arbitrator has refused to do so, by an order dated October 28, 2024 (“Impugned Order”), which is challenged in this Petition.
3. For this Petition to be considered, the Petitioners ought to make out a case that there is a de jure inability on the part of the Learned Arbitrator to perform his functions. Without that threshold being met, the Petition cannot be entertained. For the reasons set out in this judgement, the Petition is dismissed.
Factual Matrix:
4. A brief overview of the factual matrix involved in the matter at hand, would be instructive.
5. According to the Petitioners, the arbitrator did not make the disclosure mandated under Se
The Court cannot intervene in arbitration proceedings unless a de jure inability of the arbitrator is established, as per the Arbitration and Conciliation Act, 1996.
The court ruled that mere allegations of bias do not establish a de jure inability of the arbitrator to perform his functions, thus denying the petition to challenge the arbitrator's appointment.
The main legal point established in the judgment is that the provisions of the Arbitration and Conciliation Act, 1996, including the disclosure requirements, apply to arbitration proceedings under sp....
The main legal point established in the judgment is that the grounds for termination of an arbitrator's mandate must satisfy the circumstances laid down under the Act and the precedents set by the Ho....
The challenge for the appointment of Arbitrator under Section 13 of the Act can only be made along with the final award under Section 34.
The failure of an arbitrator to disclose a subsequent appointment and the non-supply of documents to a party violate the Arbitration and Conciliation Act, undermining the integrity of the arbitration....
The court ruled that mere allegations of conflict of interest based on internet searches do not establish the de jure inability of an arbitrator under Section 14 of the Arbitration and Conciliation A....
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