Jay Shree Infrastructure v. Shram Siddhivinayak Co-Op Premises Society Ltd.

23-arbp334-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.334 OF 2017 Jay Shree Infrastructure

...Petitioner

V/s.

Shram Siddhivinayak Co-Op. Premises

...Respondent

Mr.Lalit Jain for the Petitioner.

None for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 3RD NOVEMBER, 2017.

P.C. :- 1.

By this petition filed under section 15 of the Arbitration & Conciliation Act, 1996, the petitioner seeks substitution of the erstwhile arbitrator, who has withdrawn from the office by an order dated 17th February, 2017. The petitioner has not issued any fresh notice for appointment of an arbitrator after such withdrawal of office by the erstwhile arbitrator. In my view, the present petition is thus premature. The arbitration petition is accordingly disposed of with liberty to the petitioner to file a fresh petition for substitution of the erstwhile arbitrator after issuing notice to the respondent for appointment of the arbitrator.

2.

No order as to costs.

(R.D. DHANUKA, J.) 1/1