S.Badrunissa Begum v. Junaith

A.No.5444 of 2023 A.No.5444 of 2023 in O.P.No.671 of 2016 C.SARAVANAN, J.

Despite notice being served on the respondents and the name of the respondents being printed in the cause list, there is no representation on behalf of the respondents.

2. This application has been filed under Order XIV Rule 8 of the Original Side Rules read with Section 15(2) of the Arbitration and Conciliation Act, 1996, to substitute a new Arbitrator in the place of Mr.P.H.Aravind Pandian, Senior Advocate to resolve the disputes between the applicant and the respondents arising out of the Arbitration Agreement dated 31.05.1995.

3. The records that are available before this Court indicate that the learned Arbitrator had entered appearance wherein, the respondents had sent certain correspondences through their counsel Mr.Cherian Mathews alleging the bias is on the part of the learned Arbitrator appointed by this 1/2 https://www.mhc.tn.gov.in/judis

A.No.5444 of 2023 C.SARAVANAN, J.

arb Court. The learned Arbitrator has therefore recused himself and has requested for his name being deleted.

4. Considering the above, Court is inclined to appoint Mr.Sharath Chandran as an Arbitrator to decide the issue, strictly, in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

5. This application is, thus, allowed.

17.10.2023 arb A.No.5444 of 2023 in O.P.No.671 of 2016 2/2 https://www.mhc.tn.gov.in/judis