JUDGMENT

[VIA VIDEO CONFERENCING]

Sanjeev Narula, J. (Oral)--By way of the present petition under Section 14 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the `Act'], the Petitioner-company, through its Resolution Professional Mr. Satya Prakash Gupta appointed under the provisions of the Insolvency and Bankruptcy Code, 2016 [hereinafter referred to as `IBC'], seeks declaration to the effect that Mr. Anil Kumar Kathuria, the Sole Arbitrator is de jure unable to act as an Arbitrator, and further seeks appointment of a substitute Arbitrator.

2. The Petitioner and the Respondent had entered into a Contract dated 11th April, 2011, for construction/development of its housing project at Bhubaneswar consisting 256 flats of different categories [hereinafter referred to as the `Contract']. The Contract provided for dispute resolution through the mechanism of arbitration under clause 18.2 [hereinafter referred to as the `Arbitration Agreement']. The same is reproduced as under:

"All disputes or differences arising between the parties hereto arising out of the subject matter of this agreement or the respective rights and duties of the parties under this agreemen