JUDGMENT

Jyoti Singh, J. (Oral)

1. This petition has been filed under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `1996 Act') seeking termination of the mandate of the learned sole Arbitrator Sh. Mithilesh Jha.

2. Petitioners state that they had availed a loan facility of Rs.4 crores and 5 lacs from the Respondent Finance Company, which was secured by deposit of original title documents as mortgage of 21 unsold units of a project at Gandhinagar, Gujarat. Disputes having arisen between the parties, Respondent unilaterally appointed Sh. Mithilesh Jha as the sole Arbitrator in terms of the Arbitration Clause existing in the Agreement.

3. Learned counsel for the Petitioners submits that the unilateral appointment is unsustainable in law in view of the judgment of the Supreme Court in Perkins Eastman Architects DPC and Another v. HSCC (India) Ltd., (2020)20 SCC 760: and thus the mandate of the Arbitrator requires to be terminated.

4. Mr. Das, learned counsel appearing on behalf of the Respondent submits that he cannot dispute the proposition of law laid down by the Supreme Court in Perkins Eastman Architects DPC and Another (supra) which i