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1998 Supreme(Del) 77

S.N.KAPUR
J. K. ENTERPRISE – Appellant
Versus
WIN MEDICARE LIMITED – Respondent


Advocates Appeared:
MUKUL ROHTAGI, S.B.GHOSH, S.K.KAPOOR, SUSHMITA BANERJI

S. N. Kapoor, J.

( 1 ) THIS judgment shall dispose of two petitions Nos. OMP 6/95 and OPM 62/94 one for removal of arbitrators and another for extension of time.

( 2 ) THE applicant in OMP No. 6/95 filed under Sections 5 and 11 of the Arbitration Act seeks removal and revocation of the authority of the two Arbitrators in the following terms:

(A) revoke the authority of the Joint Arbitrators being the respondents No. 2 and 3 in the present application; (b) to remove the Joint Arbitrators being the respondent No. 2 and 3 in the present application and to appoint a sole Arbitrator such as a Retd. Judge of this Hon ble Court in their place and stead; (c) in the alternative to direct the Umpire to enter into reference in terms of the letter dated 26. 4. 1994 being annexure A-12 of the present application ; and (d) to pass such further order and/or orders, direction and/or directions be given as your Lordship may deem fit and proper.

( 3 ) BY notice dated 19th July, 1993 the two arbitrators appointed by the parties informed the parties that they have fixed the hearing for 30th July, 1993 for arguments and final disposal (vide annexure A-2) and on 30th July, 1993 the hearing continued and
















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