JUDGMENT :

(Prayer: These Petitions have been filed under Section 14 and 15 r/w Section 11 of the Arbitration and Conciliation Act 1996 praying to terminate the mandate of the second Respondent as the Sole Arbitrator in Arbitration proceedings titled as “M/s.SAS EPC Solution Private Limited vs. M/s. Clarke Energy India Pvt. Ltd.” arising out of contracts dated 08.09.2011 (in respect of Engine I and II) executed between Applicant and Respondent No.2 and reconstitute the arbitral tribunal by substituting the Sole Arbitrator.)

1. Interesting questions with regard to the scope of Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) arise for consideration in these two petitions in respect of connected but separate arbitral proceedings. As a preliminary issue, it should be noticed that the arbitral proceedings commenced after 23.10.2015 and, therefore, Act 3 of 2016 would apply.

2. The petitioner herein is the respondent in the above mentioned arbitration proceedings, which are underway before a sole arbitrator (the Arbitrator) appointed with the consent of both parties. The current stage of proceedings is that the claimant has filed its proof affidavit an