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2017 Supreme(MP) 1029

SHEEL NAGU
SHIVHARE ROAD LINES – Appellant
Versus
CONTAINER CORPORATION OF INDIA LTD. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Arvind Dudawat, Advocate
For the Respondent:Shri Ankur Modi, Advocate

ORDER :

SHEEL NAGU, J.

1. The writ jurisdiction of this court u/Art. 226 of the Constitution and/or in alternative supervisory jurisdiction of this court u/Art 227 of the Constitution is invoked seeking writ of certiorari or mandamus for terminating the mandate of sole Arbitrator, respondent No.2 herein conducting arbitral proceedings for resolving the dispute between the rival parties arising out of Agreement dated 7/12/2005.

2. Learned counsel for the rival parties are heard.

3. Learned counsel for the petitioner primarily submits that Arbitrator, respondent No.2 is biased. It is submitted that cross-examination conducted by the Arbitrator is not recorded on the very same day but behind the back of the petitioner and the petitioner is made to sign the order-sheet on the subsequent date of hearing which does not truly reflect the proceedings of the preceding date. It is further submitted that the Arbitrator is an employee of respondent No.1-Corporation. It is further submitted that no procedure has been specified by the Arbitrator for conduction of the proceedings in terms of section 19 of the Arbitration and Conciliation Act, 1996 for brevity the Act of 1996. It is also submitted tha
































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