Vaibhav Gupta v. Financial Technologies (India) Ltd And ANR

kvm 1/2 906-ARBP959.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 959 OF 2014 Vaibhav Gupta ..... Petitioner

VERSUS

Financial Technologies (India) Limited ..... Respondents Ms.Anubha Rastogi, i/b. Ms.Ushajee Peri for the Petitioner. None for the Respondent.

CORAM :

R.D. DHANUKA, J.

DATED :

9th JUNE, 2015 P.C.

By this petition filed under sections 14 and 15 of the Arbitration and Conciliation Act, 1996, the petitioner has prayed for a declaration that the mandate of the learned arbitrator is terminated.

2.

Learned counsel appearing for the petitioner states that the learned arbitrator has acted with bias and the petitioner will have no chances of getting any justice if the petitioner is directed to proceed with the arbitration before the learned arbitrator. Learned counsel appearing for the petitioner does not dispute that the application filed by the petitioner under section 13 of the Arbitration and Conciliation Act, 1996 alleging bias against the learned arbitrator has been already rejected.

3.

In my view, this petition filed under section 14 of the Arbitration and Conciliation Act for a declaration that the mandate of the learned arbitrator is terminated is thus not maintainable. It is however made clear that all contentions

kvm 2/2 906-ARBP959.14 raised by the petitioner in respect of the allegations of bias which are made against the learned arbitrator can be agitated by the petitioner in the petition if required to be filed ultimately under section 34 of the Arbitration and Conciliation Act, 1996. Petition is accordingly disposed of. No order as to costs. [R.D. DHANUKA, J.]