Rajiv Sahai Endlaw, J.

1. The petition is filed under Section 14 of the Arbitration and Conciliation Act, 1996 for the relief of terminating the mandate of the arbitral tribunal comprising of the nominees of the petitioner and respondent No. 4 and the presiding arbitrator appointed by the said two nominees and for appointment of a sole arbitrator by this Court. The members of the arbitral tribunal are impleaded as the respondents 1 to 3 and though served with the notice, did not appear. The respondent No. 4 contested the petition.

2. The petition has been preferred on two grounds. Firstly, that the arbitral tribunal has failed to abide by the agreement between the petitioner and the respondent No. 4 of the fee to be paid to the arbitral tribunal and ordered the parties to pay fee much in excess thereto and Secondly on the ground of bias of the arbitral tribunal against the petitioner, originating from the petitioner objecting to the payment of fee at rates higher than agreed upon with the respondent No. 4; other instances of bias from certain interim orders made by the tribunal have also been pleaded.

3. The petition contained a prayer for interim relief and, on a prima fa