Maha Deo Singh v. Hdb Financial Services Ltd And 5 ORS

22-arbp498-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.498 OF 2019 WITH NOTICE OF MOTION NO.1045 OF 2019 IN ARBITRATION PETITION NO.498 OF 2019 Maha Deo Singh

...Petitioner

V/s.

HDB Financial Services Ltd. & Ors.

...Respondents

Mr.D.S. Hatle with Mr.Pritesh Burad, Ms.Shruti Khandelwal and Ms.Yashashree Dharap I/b M/s.Pritesh Burad & Associates for the Petitioner.

Mr.Viraj Kandpile for the Respondent No.1.

CORAM : R.D. DHANUKA, J.

DATE : 18TH JUNE, 2019.

P.C. :- 1.

There is no dispute that the petitioner was not a party to the arbitration agreement between the respondent nos.2 to 6 and the respondent no.1.The petitioner however, claimed to be aggrieved party with the impugned arbitral award. The petitioner was not a party before the arbitral tribunal. In my view this arbitration petition filed under section 34 of the Arbitration & Conciliation Act, 1996 is thus not maintainable and the same is dismissed on the ground of maintainability. The petitioner would be at liberty to file appropriate 1/2

22-arbp498-19.doc proceedings in accordance with law.

2.

In view of dismissal of the arbitration petition, the Notice of Motion No.1045 of 2019 does not survive and is accordingly disposed of.

(R.D. DHANUKA, J.) 2/2