JUDGMENT (Oral)

1. This petition, under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 ("the 1996 Act"), seeks termination of the mandate of the learned arbitrator presently in seisin of the disputes between the parties.

2. The limited issue in controversy is whether the learned arbitrator is coram non judice, on the ground that his appointment has been made in violation of the provisions of the 1996 Act.

3. The contractual relationship between the petitioner and the respondent consisted of an agreement dated 25th January, 2020, followed by a supplementary agreement dated 20th June, 2020.

4. Learned Counsel for the parties are ad idem that the arbitration clause which would apply is Clause 14 of the supplementary agreement dated 20th June, 2020, which reads thus:

"14. That in case any dispute or difference arising out of or touching this agreement and/or the agreement date 25.01.2020, the same shall be referred to the arbitration of the sole arbitrator, Hon'ble Mr. Justice NK Modi Retired judge Madhya Pradesh High Court and failing him Mr. Brajesh Kumar Retired Additional District and Sessions Judge, Delhi. The Arbitrator shall give the reasoned award."

5. Acc