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2021 Supreme(Mad) 2437

ABDUL QUDDHOSE
P. Sundara Vadivel – Appellant
Versus
Kotak Mahindra bank Ltd. , Egmore – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Abitha Banu, Advocate.
For the Respondent:N.S. Sivakumar, Advocate.

JUDGMENT :

(Prayer: Petition filed under Section 14(2) of the Arbitration and Conciliation Act, 1996 to terminate the mandate of the 2nd respondent in Arbitration Case No.KBSET 1707 of 2020 and the disputes arising out of the loan agreement SPLN 63255601 dated 29.02.2020.)

This petition has been filed under Section 14(2) of the Arbitration and Conciliation Act, 1996, seeking for termination of the Arbitral Tribunal on the ground that the Arbitrator has been appointed by the first respondent on its own, which is in violation of the latest decision of the Hon'ble Supreme Court in the case of Perkins Eastman Architects DPC and Another vs HSCC (India) Ltd reported in 2019 SCC Online 1517. (Arbitration Application No.32 of 2019 dated 26.11.2019).

2. Learned counsel for the petitioner drew the attention of this Court to the following paragraphs in the aforementioned judgment:

    "22. ......

(vii) If circumstances exist, giving rise to justifiable doubts as to the circumstances warrant appointment of an independent arbitrator by ignoring the procedure prescribed, the Chief Justice or his designate may, for reasons to be recorded ignore the designated arbitrator and appoint someone else."

23. Sub P

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