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2003 Supreme(Jhk) 741

P.K.BALASUBRAMANYAN
State Of Jharkhand – Appellant
Versus
Indian Builders – Respondent


ORDER

P.K. Balasubramanyan, CJ.

1. The revision petitioners, the State of Jharkhand and its officers have filed this revision challenging the order of the Court below dismissing the application filed by them under Section 14(2) of the Arbitration and Conciliation Act, 1996. Respondent No. 2 therein, while he was in service, had been appointed as the Arbitrator in his capacity as the Chief Engineer. While proceeding with the arbitration, he appears to have claimed fees as Arbitrator from the State. He collected it on the assertion that even though he was an employee of the State he was entitled to collect the arbitration fee also. The State objected to his continuing with the arbitration proceedings on the ground that he has misconducted himself because of his claiming arbitration fees while he was in service and sought his removal. The State also expressed an apprehension that in view of the stand adopted by the State, the Arbitrator would not be fair. The Arbitrator himself having rejected the application made under Section 14(1) of the Act, the Court below was moved. The State reiterated its contention. Before the Court below, respondent No. 2 offered to re-deposit the amount colle



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