Case Law Details
Application for termination of mandate of an Arbitrator under Section 14(1) of the Arbitration and Conciliation Act, 1996, is maintainable before the principal Civil Court of original jurisdiction i.e. the District Judge and not before the High Court.
2. The present is an application under Section 11(6) read with Sections 12, 14 & 15 of the Arbitration and Conciliation Act, 1996 (for short “the Act, 1996”) for termination of mandate given to the Arbitrator Mr. Sajjan Agrawal and thereafter, appointment of an Arbitrator to substitute him, for adjudication of the dispute between the parties.
3. At the outset, learned counsel for the respondents have raised preliminary objection regarding maintainability of the petition on the ground that the jurisdiction to terminate the mandate is with the principal Civil Court of original jurisdiction and not with the High Court.
4. Per contra, Mr. Harsh Wardhan, learned counsel for the applicant, would submit that the application is not only under Section 14 of the Act, 1996, but is also for appointment of new Arbitrator, for which, this Court has jurisdiction under Section 11(6) of the Act, therefore, the application is maintainable.
5. I have heard learned counsel for the parties for sometime and pursed the documents.
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