AVADH BEHARI ROHATGI, J. (ORAL)

( 1 ) THIS is an application undar sections 5 and II of the Arbitration Act, 1940 (the Act) for the removal of the sole arbitrator Shri S. N. Mukherjee.

( 2 ) ON an application under section 20 of the Act filed by the contractor Mjs. Anand Builders I appointed on 6th April. 1981 Mr. S. N. Mukherjee as the sole arbitrator. Mr. Mukherjee is an advocate. He appears before the arbitrators in disputes arising out of building contracts. Both the employer Mrs. Driplex Water Engineering (P) Ltd. and the contractor Anand Builders agreed on the name of Mr. Mukherjee. I, therefore, appointed him.

( 3 ) ON 15th April, 1981 my order was communicated to Mr. Mukherjee. On 30th August, 1981 he wrote to the parties. In that letter he said that he had received on that very day a letter dated 21st April, 1981 from the contractor through his advocate, Mr. N. S. Sistani, asking him to enter upon the reference. On 24th September, 1981 the present application was filed by the employer, M/s. Driplex Water Engineering (P.) Limited , for the removal of the arbitrator.

( 4 ) THERE are disputes between the contractor and the employer. Construction work was awarded to the contrac

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