in the companyrt of Assistant District Judge, Dibrugarh and Title Suit No.
37 of 1975 filed by Gouri Shankar Lohia, Durga Dutt Lohia and Ors.
The parties to this appeal are descendants of a companymon ancestor, Certain disputes arose amongst them which gave rise to two suits Title Partition and Administration Suit No.
By order dated February 20, 1987, passed by the High Court, Mr. Justice A.K. Mukherjee was removed as the sole arbitrator and in his place Mr. Justice Anil Kumar Sen, retired Chief Justice of the said High Court, was appointed as the sole arbitrator.
After holding the reference for two years nine months, the joint arbitrators, on August 30, 1979, expressed their inability to make the award and thereafter by order dated September 12, 1980, passed by the High Court of Calcutta, the authority of joint arbitrators was revoked and they were removed and Mr. Justice A.K. Mukherjee, a retired Judge of the said High Court, was appointed as the sole arbitrator.
Both these suits were withdrawn and thereafter, on November 4, 1976, the parties entered into an arbitration agreement for referring their disputes to arbitration.
2 herein, against Durga Dutt Lohia in the 3rd Court of Subordinate Judge, Alipore.
The said arbitrator entered reference on June 5, 1987.
This appeal is directed against the order dated December 21, 1990 passed by the High Court of Calcutta whereby the application filed by respondents Nos.
185 of 1975 filed by Rabindra Kumar Lohia, appellant No.
He recorded the evidence of the claimants which was closed on November 21, 1989, and directions were issued for adducing evidence on behalf of respondent No.
1, Durga Dutt Lohia.
Mr. B.P. Khaitan, Mr. Nathman Himatsingha and Mr. S.K. Rajgaria were appointed as joint arbitratOrs.
1 and 2 under Sections 5, 11 and 12 of the Arbitration Act, 1940 for revoking the authority of the arbitrator and alternatively for his removal was allowed and Mr. Justice Anil Kumar Sen, retired Chief Justice of the said High Court who had been appointed as the sole arbitrator under order of the High Court dated February 20, 1987 was relieved of his charge and Mr. Justice Shambu Chandra Ghosh, retired Chief Justice of the said High Court was appointed as the sole arbitrator in place and stead of the learned out going arbitrator.
1 and 2 in the High Court of Calcutta for removal substitution of the arbitrator.
C. Agrawal, J. Special leave granted.
Heard learned Counsel for the parties.
While the statement of Durga Dutt Lohia was being recorded by the arbitrator an application was moved on March 16, 1990 by the respondents Nos.
The said application was allowed by the learned Judge of the High Court by order under appeal.
