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DELHI HIGH COURT
NEENA BANSAL KRISHNA
Coronation Infrastructure Pvt. Ltd. – Appellant
Versus
Tata Capital Financial Services Ltd. – Respondent
| Table of Content |
|---|
| 1. petition for termination of arbitrator's mandate. (Para 1 , 2 , 3) |
| 2. issues with unilateral arbitrator appointment. (Para 4 , 5 , 6) |
| 3. petitioners' compliance amidst disputes. (Para 7 , 8 , 9 , 10 , 11) |
| 4. concerns about arbitrator's impartiality and eligibility. (Para 12 , 13 , 14) |
| 5. grounds for arbitrator's mandate termination. (Para 18 , 19 , 20 , 21) |
| 6. legal framework on arbitrator's ineligibility. (Para 22 , 23 , 24 , 25) |
| 7. court's determination on arbitrator's disqualification. (Para 26 , 27 , 28) |
| 8. appointment of a new arbitrator. (Para 29 , 30 , 31 , 32) |
| 9. final order dismissing application. (Para 34 , 35) |
JUDGMENT
1. The present petition under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "A&C Act, 1996") has been filed on behalf of the petitioners seeking termination of the mandate of the Sole Arbitrator appointed by the respondent.
2. It is submitted in the petition that the petitioners purchased the machinery/equipment namely, ATLAS D50 DRILL bearing serial no. TMG15SED0388 from the respondent No. 1 on 29thJanuary 2018 vide Loan-cum-Hypothecation-cum-Guarantee Agreement (hereinafter referred to as "Loan Agreeme
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