Pawan Sahni & others Vs Satish Sharma & others (Himachal Pradesh High Court)
In the case of Pawan Sahni & others vs. Satish Sharma & others, Himachal Pradesh High Court addressed allegations under Section 14 of the Arbitration and Conciliation Act, 1996. The applicants sought termination of the 5th respondent’s mandate as an arbitrator due to alleged personal relationship bias. This article delves into the detailed analysis of the judgment and its implications.
The application under Section 14 questioned the integrity of the arbitrator, citing a perceived personal relationship with one of the respondents. However, the court highlighted the necessity of following due process outlined in the Act. Section 13(2) mandates presenting written statements challenging an arbitrator’s mandate before approaching the court, a step not adhered to by the applicants.
The court expressed disapproval of parties’ tendency to impute motives to arbitrators without allowing them a fair opportunity to respond. It emphasized the importance of preserving the reputation of arbitrators, akin to retired High Court Judges, and discouraged baseless allegations that could tarnish their standing.
Despite the arbitrator’s voluntary withdrawal, the court appointed a replacement, Shri B.S. Walia, a former Judge of the Punjab and Haryana High Court, emphasizing the need for fair treatment and adherence to legal procedures.
