M/S City Corporation Finance (I) Ltd v. Naresh Kumar

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH C.R. No.7370 of 2013 Date of Decision.19.01.2016 M/s City Corporation Finance (India) Ltd. and another .......Petitioners Vs.

Naresh Kumar ........Respondent

Present:

Ms. Mansi Bansal, Advocate for the petitioners.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

The reference to the arbitration filed under Section 8 was scuttled by the Presiding Officer on the ground that there is a likelihood of bias and that no useful purpose will be served by reference to the arbitration. These observations are quite inappropriate for a Judge to make, for if there was any likely bias, the procedure is prescribed there in the Arbitration Act itself to challenge the impartiality of the Arbitrator and take an order which is an appealable one. 2.

The order already passed is set aside and the revision petition is allowed. The matter is directed to be referred to the arbitration in accordance with law.

(K. KANNAN) JUDGE January 19, 2016 Pankaj* PANKAJ KUMAR 2016.01.20 12:07 I attest to the accuracy and integrity of this document