M/S. Chawla Interbuild Construction And ANR. v. Shriram Transport Finance Company Limited And ANR.

sg arbp1505-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1505 OF 2014 WITH ARBITRATION PETITION NO.1508 OF 2014 WITH ARBITRATION PETITION NO.1516 OF 2014 M/s. Chawla Interbuild Construction And Anr.

....Petitioners vs Shriram Transport Finance Company Limited And Anr. ...Respondents .....

Mr. Jayom Shah, i/b. Mr. Waquar Ahmad, for the Petitioners. Ms. Deepika Prabhala, i/b. RES Legal, for the Respondent. ......

CORAM : S.C. GUPTE, J.

DATED: 26 FEBRUARY 2019 P.C.:

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After the matter was heard at some length, it was adjourned to today's date to enable the parties to take instructions whether the impugned awards can be set aside by consent and the references remanded to a new arbitrator for a fresh hearing in accordance with law. Learned Counsel report that they are agreeable to do so. Accordingly, the impugned awards dated 8 November 2013 are set aside and the references are remanded to Mr. Mahernosh Humranwala, Advocate, for a fresh hearing in accordance with law, subject to his disclosure and consent. The arbitrator shall give an opportunity to the Petitioners herein to file their statements of defence and also permit the parties to produce such evidence, as they propose to lead. The arbitrator shall Pg 1 of 2

sg arbp1505-14.doc dispose of the references as expeditiously as possible. The period available for the arbitrator to declare his award will be in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as they stand today and the restriction contained in the agreement in that behalf shall not apply. The arbitration petitions are disposed of in the above terms. All rights and contentions of the parties on merits are kept open. ( S.C. GUPTE, J. ) Pg 2 of 2