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2006 Supreme(Del) 178

A.K.SIKRI
INDIRA RAI – Appellant
Versus
VATIKA PLANTATIONS (P) LTD – Respondent


A. K. SIKRI, J.

( 1 ) THERE are disputes between the petitioner No. 1 and the respondent No. 1. In view of arbitration agreement between the parties, the matter was referred to the arbitrator and the arbitration is in progress. Initially, the respondent no. 2 was appointed as the arbitrator. However, for certain reasons, which would be stated later at appropriate stage, the respondent No. 2 discontinued with the proceedings and vide order dated 2nd April, 2003 left the parties to appoint a new arbitrator. Thereafter, Mr. Anil Bhalla, the respondent No. 1 appointed respondent No. 3 as the arbitrator and this was communicated to the petitioners vide letter dated 29th April, 2003. The appointment of the respondent No. 3 as the new arbitrator is not acceptable to the petitioners. They feel that the respondent No. 1 earlier objected to the continuation of the respondent No. 2 as the arbitrator on frivolous grounds to ease him out so that the respondent No. 1 could appoint another arbitrator of his choice. This petition is filed under section 14 (2) of the Arbitration and Conciliation Act, 1996 (for short `the act ) for a decision on the termination of the mandate of the respondent No. 3














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