- (1.) This revision petition filed under Article 227 of the Constitution of India is directed against order dated 02.12.2011 (Annexure P-19) passed by learned Additional District Judge, Gurgaon, thereby dismissing petition under Section 14 of the Arbitration and Conciliation Act, 1996 (in short the Act), filed by the petitioner herein for terminating the mandate of respondent no.2 Arbitrator Mr. Vijay Dhar.
(2.) Invoking the arbitration clause contained in lease agreement between petitioner and respondent no.1, dispute between them was referred by respondent no.1 to respondent no.2 as Arbitrator. During pendency of the arbitration proceedings, petitioner moved application under Section 12 and 13 of the Act before the Arbitrator challenging the mandate of the Arbitrator on the ground that the Arbitrator is Director of respondent no.1- Company, but the Arbitrator did not disclose the said fact before entering into the arbitration and also on the ground of possible bias i.e. lack of independence or impartiality on account thereof. When the Arbitrator failed to decide the said application, the petitioner filed C. R. No. 1614 of 2011 in this Court seeking direction to respondent no.2 for deciding the said application and also seeking removal/termination of the mandate of respondent no.2. Before the said revision petition could be decided, respondent no.2 disposed of and dismissed the petitioner's application under Sections 12 and 13 of the Act. In view thereof, the said revision petition was disposed of as infructuous with liberty to the petitioner to raise all objections/pleas qua its grievance before the appropriate Forum for any other legal remedy available in accordance with law.
(3.) Thereafter, the petitioner filed petition under Section 14 of the Act before the lower court seeking termination of the mandate of respondent no.2 Arbitrator on the aforesaid grounds. Respondent no.1 contested the said petition and controverted the averments of the petitioner. Learned trial court, vide impugned order (Annexure P-19), has dismissed the petitioner's petition under Section 14 of the Act. Feeling aggrieved, petitioner has filed this revision petition to challenge the said order.;