1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.894 OF 2009 Newton Engineering and Chemicals Ltd .. Petitioner -versus Bharat Petroleum Corporation Ltd and anr .. Respondents. Ms. Shilpa Kapil for the Petitioner. Mrs. A Bhalwal i/b Vyas & Bhalwal for the respondents. CORAM: ANOOP V. MOHTA, J. DATED: 18th January, 2010 P.C. 1. Considering the earlier order passed by this Court dated 11th June, 2009 and thereafter accepting reply/letters before Tribunal ie 31.7.2009 and application dated 31st August, 2009 and the order dated 14th September, 2009, passed by the Arbitrator, it is clear that the Arbitrator is not denying to frame the additional issue of bias. Only observation was made, even as per learned counsel, appearing for respondent No.1, is that there should not be further delay and the parties should file and complete their respective pleadings. Learned counsel appearing for the petitioner, in view of this submitting that if the Arbitrator frames an Additional 2 issue of bias, then she is not pressing prayer clause (i) and (ii) of the petition. 2. Considering the above and as the issue of bias has already been raised and agitated seriously by the petitioner, it is desirable in the interest of justice that the Arbitrator should hear the parties and issue of bias before passing final award. That may be by framing additional issue or otherwise. 3. The Petition is disposed of. No order as to costs. ( ANOOP V. MOHTA, J.)