- (1.) This arbitration petition for termination of mandate has been listed under heading 'To Be Mentioned' on citing urgency.
(2.) Mr. Tewari, learned advocate appears on behalf of petitioner and submits, arbitrator has exhibited bias against his client. He draws attention to letter dated 16th April, 2019 issued by arbitrator to the parties. He submits, when in the sitting held prior thereto there was no direction regarding costs, subsequent direction regarding costs by letter could not have been made.
(3.) He next draws attention to mail sent on 29th May, 2019, text of which is reproduced below: "I didn't expect this complete turnaround from you. On your request I granted you time taking into account natural disaster Fani. The fact that the High Court may be closed for summer vacation is neither here nor there. For your information the High Court reopens on 10/06/2019. Stop giving lame excuses for failing to attend the Arbitration. Please take note that even if you fail to attend, I will hold the meeting recording your deliberate absence and pass appropriate orders giving liberty to the petitioner to proceed with the case. I may also strike off your right of filing defence. If the result of the proceeding goes against you and you suffer an award you will be held responsible for your causing loss to the Government as the Government will have to deposit the awarded sum before any court allows it to file any appeal. You have proven yourself not to be a man of words and your failure to attend on the date fixed will also result is costs being awarded against you. This is really pathetic conduct by an authority of the state." ;