Mr/. Iftekhar Ahmad Khan v. Mr. Vikhar Ahmad Khan And ANR

sat 1/2 arpl 33318-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION (L) NO. 33318 OF 2015 Mr.Iftekhar Ahmad Khan

...Petitioner

vs.

Mr.Vikhar Ahmad Khan & Anr.

....Respondents Mr.A.P. Kulkarni i/b. Rohan Barge for Petitioner. Mrs.A.R. Lambay i/b. Lambay & Co. for Respondent No.1. CORAM : S.C. GUPTE, J.

10 FEBRUARY 2016 P.C. :

This arbitration petition challenges the mandate of an arbitrator. There are three arbitration references which were before the arbitrator. The arbitrator is a named arbitrator under the arbitration agreement. He is, in fact, the father of the two contesting brothers, who are conducting business in partnership, the subject matter of the dispute being connected with the partnership agreement. Of the three references, two have already been concluded. The basis of the petition is bias of the arbitrator. An application was made before the arbitrator under Section 12 alleging bias. The arbitrator rejected that application and proceeded to declare his award in the two references, referred to above. A similar objection is raised in respect of the third reference, which also has been declined by the arbitrator.

If an application under section 12 is rejected by the arbitrator, the arbitrator has to proceed with the reference and declare his award. The aggrieved party can then take up the objection as part of his objections to the award under Section 34 of the Arbitration and Conciliation Act, 1996.

sat 2/2 arpl 33318-2015.doc Section 34.

The petition is dismissed as withdrawn with liberty as prayed. (S.C. Gupte, J.)