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Judgment
D.G. Karnik, J.—Heard Shri Sawant for the applicant and Shri Naik for the respondent No. 1.
In a pending suit, being Spl. Civil Suit No. 1378 of 1996 Shri B.S. Patil B.E. (Civil) L.L.B., F.I.E, was appointed as an arbitrator by the Learned Civil Judge, Sr. Division, Pune to arbitrate about the dispute between the petitioner and the respondents. In this Civil Revision Application, an exception to the appointment of Shri B.S. Patil as an arbitrator is taken by the applicant on two grounds viz. CO the arbitrator could not be appointed by the Civil Judge, Senior Division and the power of appointment vests with the Hon''ble Chief Justice of his nominee u/s 11 of the Arbitration and Conciliation Act, 1996 (if) Shri B.S. Patil, m the past was working as legal adviser of Shrike Group of Companies of which the present respondent No. 1 forms a part. It was also contended that Shri B.S. Patil has also acted as an arbitrator appointed by one or the other of the Shrike Group of Companies in many other arbitration proceedings. Bias is alleged against him.
On learning about the filing of the present Revision, the learned Arbitrator wrote a letter to the petitioner and the respondents on 10th, 11th January, 2002 declaring his intention to withdraw, as an arbitrator from the case. Though in the said letter, he stated that facts disclosed do not disqualify him to act as a sole arbitrator and without showing any disregard to the Hon''ble Court appointing him as the sole arbitrator, he was stepping down to avoid multiplicity to the proceedings. Copy of the said letter was tendered by the learned counsel for the petitioner and is taken on record. It is commendable that the learned arbitrator has followed the best traditions of our legal system in which a person against whom an allegation of bias is made often withdraws himself as an arbitrator without inviting an adjudication on the allegation. This is on the principle that justice must not only be done but must be seen to have been done. I commend the decision of the arbitrator.
In view of the action of the learned arbitrator, the present Civil Revision Application has become infructuous and is allowed to be withdrawn.