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2001 DIGILAW 317 (DEL)

VISHNU PROMOTORS PRIVATE LIMITED v. HOLTEC CO-OPERATIVE GROUP

2001-03-20

J.D.KAPOOR

body2001
J. D. Kapoor ( 1 ) THIS is a petition under Sections 12, 13 and 14 (1) of the Arbitration and Con- ciliation Act seeking appointment of another arbitrator as the petitioner has doubt about the integrity of the arbitrator who according to him was biased against the petitioner from the day one inasmuch as that his counter-claim filed on 18. 9,99 though was allowed for consideration but inspite of allowing the consideration of the counter- claim the order was passed that the same would be entertained only if the reference is made as per arbitration agreement. Inspite of insistence of the petitioner that the ar- bitrator should make the position clear as to his counter-claim, the arbitrator remained silent. ( 2 ) HOWEVER, the petitioner further contends that the arbitrator was to give the award within six months as per clause 24 of the agreement and this period was ex- tendable only with the consent of both the parties and since no such period -has been extended, the agreement ceases to exit. However, without going into the con- troversy as to the conduct of the arbitrator and the apprehension of the petitioner as to the impartiality of the arbitrator and without making any observation in this regard the request of the petitioner for appointment of a retired High Court Judge as an arbitrator is allowed -in order to avoid further controversy; that may arise during the proceedings before the present arbitrator. ( 3 ) MRS. Santosh Duggal, Hon ble Judge of Delhi High Court (Retired) as ap- pointed as an arbitrator. She will fix her own fees. ( 4 ) THE petitioner has agreed that he will not insist for time within which the ar- bitrator shall give the award. ( 5 ) THE petition is allowed. IA also stands disposed of.