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2009 Supreme(Del) 645

SHIV NARAYAN DHINGRA
ARUN KATHPALIA – Appellant
Versus
J. M. MUKHI – Respondent


Advocates appeared:
For the Petitioner:Mr. Sandeep Sethi, Sr. Advocate with Mr. M. Dutta, Advocate.
For the Respondent:Mr. J.M. Mukhi, Respondent-in-Person.

JUDGMENT Shiv Narayan Dhingra, I.-This application/petition has been made by the petitioner under Sections 14/15/23 and 25 of the Arbitration and Conciliation Act, 1996 (in short "the Act") seeking termination of the mandate of the present Arbitrator and for appointment of another Arbitrator in his place. It is stated by the applicant/petitioner that the learned Arbitrator in this case was appointed by this Court on 19th January, 2005, despite passage of more than four years, the respondent has avoided filing of his statement of claim before the learned Arbitrator and the learned Arbitrator continued the proceedings and refused to terminate the proceedings in accordance with Section 25 of the Act resulting into the abuse of the arbitral proceedings by the respondent.

2. The petitioner and the respondent in this case both are Advocates and the dispute between them is in respect of dissolution and accounts of a partnership firm of Advocates. The petitioner submits that the prolonged arbitration proceedings without even filing of the claim by the respondent was paralysing his professional career and the fact that for four years the Arbitrator has not even obtained statement of claim fr










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