C.S. Vedi vs Jagdish Chander Bhayana and Others

Devinder Gupta, J.

(1) In this application prayer has been made for cancellation of appointment of Mr. J.C. Bhayana, the sole Arbitrator. There is no dispute that as per terms of the agreement between the petitioner and 0.P Gandotra and Saria Gandotra disputes are required to be adjudicated upon through the process of arbitration. Mr. J.C. Bhayana, respondent No. 1, is a named Arbitrator.

(2) Petitioner has alleged that at the time when the agreement was entered into Mr. J.C. Bhayana was a common friend of the petitioner and Gandotras (respondents 2 & 3), Therefore, he was named as the sole Arbitrator. In the meanwhile relations between Mr. Bhayana and Gandotras have become closer because of matrimonial alliance between the two families thereby necessitating the filing of this application for cancellation the appointment of Mr. J.C Bhayana as an Arbitrator.

(3) The change in the circumstances that Mr. J.C. Bhayana and Gandotras have become closer due to the matrimonial alliance is not disputed. In these circumstances, the authority of Mr. Bhayana is liable to be revoked, which is hereby revoked. Instead and in place of Mr. Bhayana, with consent of parties, Mr. D.R.Khanna, a retired Judge of this Court, is hereby appointed as the sole Arbitrator, who will enter upon the reference and proceed to make his award in accordance with law. Copy of this order be sent to Mr. D.R. Khanna. Petition stands disposed of.