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2017 Supreme(Del) 110

VIBHU BAKHRU
GANGOTRI ENTERPRISES LIMITED – Appellant
Versus
NTPC TAMIL NADU ENERGY COMPANY LIMITED – Respondent


Advocates Appeared:
For the Petitioner:Mr Subhiksh Vasudev, Mr Ishaan Madaan, Advocates
For the Respondent:Mr Bharat Sangal, Advocate with Ms Anindita Deka, Advocate

JUDGMENT :

VIBHU BAKHRU, J.

1. Gangotri Enterprises Limited (hereafter 'GEL') has filed the present petition under Section 14 (2) of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying that an appropriate order terminating the mandate of Mr N. Sasikumar as the sole arbitrator be passed and further, an independent arbitrator be appointed to adjudicate the disputes between GEL and the respondent (hereafter 'NTECL'). Mr N. Sasikumar was appointed the sole arbitrator to adjudicate the disputes that had arisen between the parties in relation to an agreement dated 11.02.2010 (hereafter 'the Agreement').

2. According to GEL, there are justifiable doubts as to independence and impartiality of the arbitrator and therefore, the mandate of Mr N. Sasikumar as a sole arbitrator stands ipso jure terminated. Further that the order dated 28.04.2016 passed by the arbitrator closing the right of GEL to file the statement of claim and terminating the proceedings is perverse and mala fide. It is, accordingly, asserted that proceedings qua GEL's dispute have been terminated unreasonably and unlawfully and, therefore, the arbitrator's mandate stands terminated under Sectio



















































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