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2021 Supreme(Del) 449

VIBHU BAKHRU
Delhi Tourism And Transportation Development Corporation (DTTDC) – Appellant
Versus
Swadeshi Civil Infrastructure Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sachin Datta, Senior Advocate with Ms. Anisha Upadhyay, Ms. Khushboo Kapur, Advocates.
For the Respondent:Mr. Dinkar Singh, Advocate.

JUDGMENT :

Vibhu Bakhru, J.

[Hearing held through video conferencing]

1. Delhi Tourism and Transportation Development Corporation (DTTDC) (hereinafter ‘the petitioner’) has filed the present petition under Section 14(2) of the Arbitration and Conciliation Act, 1996 (hereinafter the ‘A&C Act’), inter alia, praying that the mandate of the learned Arbitrator, be terminated and further directions be issued for substitution of the learned Arbitrator by an independent and impartial Arbitrator.

2. The petitioner claims that the learned Arbitrator has displayed open bias in the conduct of arbitral proceedings and therefore, has rendered himself de facto and de jure unable to perform his functions as an Arbitrator.

3. The petitioner had awarded the Contract for construction of “Dilli Haat at Janakpuri, New Delhi (SH: - Civil, Water Supply, Sanitary Installation, Drainage, Development & Internal Electrical Installation Works etc.)” to the respondent. Certain disputes have arisen between the parties in respect of the said Contract. The respondent invoked the Arbitration Clause for adjudication of the said disputes. On 27.06.2017, the Chief Engineer of the petitioner appointed Sh. Om Prakash Bhatia

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