JUDGMENT

VIBHU BAKHRU, J

1. HRD Corporation (Marcus Oil and Chemical Division) (hereafter „HRD‟), a Corporation organised and existing under the laws of the State of Texas, USA, has filed the present petitions under Section 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereafter „the Act‟), inter alia, seeking termination of the mandate of Justice Tejinder Singh Doabia (Retired), Justice K.K. Lahoti (Retired) as arbitrators comprising of arbitral tribunal of three members. According to HRD, circumstances exist which give rise to justifiable doubts as to the independence and impartiality of the said arbitrators. It is also claimed that the arbitrators are ineligible under Section 12(5) of the Act and this would warrant termination of the mandate of the said arbitrators and appointment of two other arbitrators in their place.

2. Briefly stated, the relevant facts necessary to address the controversy are as under:-

2.1 The respondent (hereafter „GAIL‟) issued a notice inviting tender for sale and supply of Wax (a waste by-product) generated at GAIL‟s HDPE/LLDPE Plant at Petro Chemical Complex at Pata, Uttar Pradesh for a period of 20 years on an exclusive basis. HRD successful