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2004 Supreme(Del) 471

R.C.CHOPRA
V. K. DEWAN – Appellant
Versus
DELHI JAL BOARD – Respondent


Advocates Appeared:
Kanika Agnihotri

R. C. CHOPRA, J.

( 1 ) IN this application under Section 12,13,14 and 15 of the Arbitration and Conciliation Act, 1996, (hereinafter be referred to as `act only) the petitioner prays for termination of the mandate of the sole arbitrator-respondent No. 4 and appointment of another Arbitrator in his place, preferably a retired Judge. The facts relevant for the disposal of this application, briefly stated, are that on 27. 8. 2002 in AA No. 212/2001, under Section 11 of he Act, the Court appointed respondent No. 4 to be an Arbitrator in place of an earlier Arbitrator who was appointed by the respondent. According to the petitioner the respondent No. 4 has been meeting the Chief Executive Officer of the respondent and convassing for his engagement in Delhi Jal Board with a view to augment/supplement his income. According to the petitioner on 5. 5. 2003 the respondent no. 1 appointed the respondent No. 4 as Consultant (Training) for a period of six months which fact was not disclosed by the Arbitrator to the petitioner and as such circumstances exist to give rise to a justifiable doubt as to the independence and impartiality of the Arbitrator-respondent No. 4. Some other averments have

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