judgemnt u/s 16 of A & C Act 1996

The petitioner by this writ petition seeks quashing of order dated 1st March,2003 by Mr.Justice P.K.Bahri (Retd.) and a declaration that the Arbitration Clause in the contract is void under Section 23 of the Indian Contract Act. The petitioner as a consequence seeks stay of the proceedings before the Arbitral Tribunal

The petitioner, as noted earlier, challenged the maintainability of the proceedings before the Arbitral Tribunal of Justice P.K.Bahri (Retd.) and questioned his jurisdiction under Section 16 of the Act on the ground that the arbitration clause in the contract between the parties is void and un-forceable at law. It was urged that appointment of a Sole Arbitrator only by one party to the dispute violates the equitable principle that no man can be a judge in his own cause.