M/S. S.B. Papaya And Co. v. Unity Infraprojects Limited Through Its Manager

wp-12631.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12631 PF 2015 M/s. S B Papaya & Co.

Through its Partner Pankaj Sharad Isnagar : Petitioner.

Versus

Unity Infraprojects Limited Through its Manager : Respondent.

Mr. Sham Walve for the Petitioner.

CORAM :

R. M. SAVANT, J.

DATE :

17th March 2016 P.C.

The recording made in the minutes of the meeting held on 09/04/2015 by the learned Arbitrator relating to the independence and impartiality of the Arbitrator to be the arbitral tribunal is taken exception to by way of the above Petition.

In my view, since the challenge is to what has been recorded in the minutes of the meeting by the Arbitrator, the interdiction of this Court in its writ jurisdiction is not warranted. It would be open for the Petitioner to assail what has been recorded in the minutes of the meeting whilst challenging the Award if the occasion so arise in future. The above Petition is accordingly disposed of.

[R.M.SAVANT, J] lgc