Home Case Index All Cases Companies Law Companies Law + SC Companies Law - 1988 (8) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1988 (8) TMI 380 - SC - Companies LawRemoval of Arbitrator - Whether a reasonable intelligent man, fully appraised of all the circumstances, would feel a serious apprehension of bias? Held that:- Appeal allowed. It cannot be said that the Superintending Engineer, as such cannot be entrusted with the work of arbitration and that an apprehension, simpliciter in the mind of the contractor without any tangible ground, would be a justification for removal. Mere imagination of a ground cannot be an excuse for apprehending bias in the mind of the chosen arbitrator. Thus the order made by the learned Judge. City Civil Court, and the decision of the High Court cannot be sustained and they are set aside - remand the case back to the learned Judge, City Civil Court, to ask the Government to appoint the Superintending Engineer. Trichy, to be an arbitrator in accordance with the arbitration agreerment.
|