THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE ARBITRATION APPLICATION No. 43 of 2024

ORDER

Mr. P. Pratap, learned counsel for the applicant.

Mr. T. Bala Mohan Reddy, learned counsel for the respondent.

2. This application is filed under Section 14(2) read with Sections 11 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the A&C Act”) seeking to terminate the mandate of the arbitrator, namely, Mr. Thoom Srinivas, Advocate, and to appoint another arbitrator in his place.

3. Facts giving rise to filing of this application briefly stated are that the parties have entered into an agreement on 26.05.2021 for construction of commercial complex. Clause 20 of the aforesaid agreement contains an arbitration clause, which is extracted below for the facility of reference:

“In case any dispute or difference should arise between the parties, whether in respect of quality of material used by the Contractor or work done in respect of delay in completion of works or in respect of payment of extra work required to be done and so executed or in respect of measurement of work done or in respect of delay of payment to the Contractor or touching the interpretation, fulfillment of