Dheeraj Taneja v. Aditya Birla Housing Finance Ltd. And Another

by VIDYA SURESH AMIN Date:

2022.07.04 11:08:44 +0530 VIDYA SURESH AMIN 29.ARBP128_2022.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 128 OF 2022 Dheeraj Taneja .. Petitioner Vs.

Aditya Birla Housing Finance Ltd. & Anr.

.. Respondents Mr. Arun Rajput i/b. Mr. Hemant Goel for the petitioner. Mr. Vishal Maheshwari a/w. Ms. Kamini Pansare i/b. V.M. Legal for respondent no. 1.

CORAM : G.S. KULKARNI, J.

DATE : JUNE 30, 2022.

P.C.:

1.

Heard learned counsel for the parties on this petition filed under section 37 of the Arbitration and Conciliation Act, 1996 whereby a challenge is mounted to an order dated 26 October, 2021 passed by the learned sole arbitrator on an Application filed under section 17 of the Act by the respondents/claimants. Admittedly, the impugned order is exparte order. The petitioner is now appearing before the arbitral tribunal. 2.

It is stated that the application is already filed before the learned sole arbitrator praying for vacating of the impugned ex-parte order. 3.

If that be so, it would be appropriate that the learned sole arbitrator considers such application and the prayer of the petitioner for vacating of the impugned ex-parte order.

29.ARBP128_2022.doc 4.

Learned arbitrator is directed to decide the petitioner's application as expeditiously as possible and within a period of three weeks from today.

5.

All contentions of the parties in that regard are expressly kept open.

6.

Disposed of in the above terms. No costs.

[G.S. KULKARNI, J.]