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2023 Supreme(Del) 4447

CHANDRA DHARI SINGH
Maj Pankaj Rai – Appellant
Versus
Niit Ltd. – Respondent


Advocates appeared:
Petitioner-in-person, for the Petitioner.
Mr. Rajat Navet, Mr. Kushagra Pandit and Mr. Shashi Kant, Advocates, for the Respondent.

JUDGMENT

Chandra Dhari Singh, J. The instant petition under Section 14(1)(a) of the Arbitration and Conciliation Act, 1996 (the "Act") has been filed by the petitioner seeking termination of mandate of the Arbitrator appointed for adjudication of disputes between petitioner and the respondent. The following reliefs have been sought by the petitioner:

    "(a) Terminate the mandate/appointment of the present Arbitrator Mr Vijay Shali, Senior Advocate/Retired Judge A-8 Pamposh Enclave, Greater Kailash, New Delhi.

    (b) Declare the present Arbitrator Mr Vijay Shali, ineligible to act as an Arbitrator in the dispute between the Petitioner and the Respondent.

    (c) Set aside the order dated 09.11.2022passed by the Learned Arbitrator.

    (d) Substitute the appointment of the Learned Arbitrator Mr Vijay Shali with anyone else on the panel of DIAC/Nani Palkhiwala Arbitration Centre.

    (e) Pass any other order(s) as this Hon'ble may deem fit and proper to meet the ends of justice."

FACTUAL MATRIX

2. The petitioner and the respondent entered into a License Agreement dated 30th December 2015, wherein the petitioner was the indemnifier. The respondent had acknowledged the amount of Rs.1.95 lakhs paid at the time

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