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2023 (2) TMI 737 - BOMBAY HIGH COURTAppointment of arbitrator - the submission is, the appointment of Mr. AJ as sole Arbitrator is against the ethos and spirit of the Act and the continuation of the proceedings by him is bad in law and therefore, this Court shall terminate his mandate and stay the ongoing arbitration proceedings. HELD THAT:- The petitioner never raised a challenge as contemplated u/s.13 of the Arbitration and Conciliation Act, but he requested the arbitrator to keep the proceedings in abeyance as he has already instituted the proceedings, seeking termination of his mandate u/s.14 of the Act. The Arbitrator has rightly taken note of this disharmony and conferred a liberty upon the petitioner to file an application u/s.12 r/w Section 13, if at all he wanted to challenge his appointment. In the peculiar situation, where the objection raised by the petitioner deserve any consideration, is no more res-integra as it has been put to rest in case of SHEETAL MARUTI KURUNDWADE VERSUS METAL POWER ANALYTICAL (I) PVT LTD. AND ORS. [2017 (3) TMI 1911 - BOMBAY HIGH COURT], where the position for counsel is highlighted which states that no arbitrator should be involved in any manner with one of the parties to the dispute or a partner with a lawyer or law firm appearing in the arbitration, or representing the law firm or lawyer personally. Thus, there is no need to further deliberate upon the issue, as the observations made in case of Sheetal Maruti Kurundwade are agreed upon, there is no clash of interest of the Arbitrator because as a counsel, he had represented the Advocate representing the opposite party - the objection cannot survive and has been rightly turned down by the learned Arbitrator. The present petition, seeking termination of the mandate of the arbitrator, therefore, cannot be entertained and is dismissed.
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