M/S. Shree Sai Siddhi Textiles v. M/S. Jetal Textiles

kvm 1/2 25-ARBP764.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 764 OF 2015 M/s.Shree Sai Siddhi Textiles ..... Petitioner

VERSUS

M/s.Jetal Textiles ..... Respondent Mr.Nimay Dave, i/b. Sonu Tandon for the Petitioner. Mr.Lalit Jain for the Respondent.

CORAM :

R.D. DHANUKA, J.

DATED :

27th JULY, 2015 P.C.

By consent of parties, following order is passed :- (a) Impugned award dated 17th January, 2015 passed by the arbitral tribunal is set aside.

(b) Parties have no objection if the matter is heard afresh by the arbitral tribunal.

(c) The petitioner undertakes to file written statement before the arbitral tribunal within two weeks from today and serve a copy thereof upon the respondent's advocate simultaneously.

(d) The petitioner would be free to raise an issue of jurisdiction under section 16 of the Arbitration and Conciliation Act, 1996 before the arbitral tribunal. (e) The arbitral tribunal will decide the matter afresh in accordance with the law and will not be influenced by the

kvm 2/2 25-ARBP764.15 findings and conclusions rendered in the impugned award dated 17th January, 2015.

(f) If the written statement is not filed by the petitioner within two weeks before the arbitral tribunal, arbitral tribunal shall proceed with the matter without the written statement on record.

(g) Both parties have agreed to co-operate with each other and with the learned arbitrator in expeditious disposal of the arbitral proceedings.

2.

Arbitration petition is disposed of in the aforesaid terms. No order as to costs.

[R.D. DHANUKA, J.]