Abhay Kumar Jain vs General Manager And Others
2012 Latest Caselaw 8 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 42 of 2010
 

 
Petitioner :- Abhay Kumar Jain
 
Respondent :- General Manager And Others
 
Petitioner Counsel :- R.K. Dubey
 

 
Hon'ble Pankaj Mithal,J.

Heard learned counsel for the petitioner.

Petitioner has filed this petition under Section 11 of the Arbitration and Conciliation Act, 1966  (hereinafter referred to as the Act) seeking appointment of any other arbitrator replacing the arbitrator  appointed by the department on the ground that the arbitrator  is not giving the award.

It appears that the arbitrator was appointed by the  department vide order dated 10.4.2006 for the adjudication of the dispute between the parties. The arbitrator has entered into arbitration. A claim has been filed by the petitioner to which a reply has been submitted. The arbitration is thus in progress.

The mandate of the arbitrator  has not been terminated as envisaged under Section 14  and 15 of the Act.

In this view of the matter, when an arbitrator is seized  with the matter and his mandate not been terminated a fresh arbitrator replacing the earlier one cannot be appointed.

In case petitioner feels that arbitrator is unable to perform his functions, it is open for him to get his mandate determined by the Court under Section 14(2) of the Act.

The  petition is accordingly dismissed.

Order Date :- 6.4.2012

A. Pt. Singh