N. Srinivasa Rao S/O Narasinga Rao v. Tata Motors Ltd. And 2 ORS.

kvm 1/2 2-ARPB669.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 669 OF 2016 N.Srinivasa Rao S/O Narasinga Rao ..... Petitioner

VERSUS

Tata Motors Limited & Ors.

..... Respondents Mr.P.A.Sawant for the Petitioner.

Mr.Chinmay Gupte, i/b. Mr.Mohit Gadkari for Respondent No.1. CORAM :

R.D. DHANUKA, J.

DATE :

10th AUGUST, 2016 P.C.

Learned counsel appearing for the respondents states on instructions that his clients have no objection if the impugned award dated 15th January, 2010 passed by the learned arbitrator is set aside and if the matter is remanded back for fresh adjudication. Learned counsel appearing for the petitioner also has no objection if the impugned order is set aside and is remanded back for fresh adjudication. Statement made by the learned counsel for the parties are accepted. 2.

It is made clear that the respondents shall be entitled to appoint an arbitrator in accordance with the arbitration agreement entered into between the parties. The learned arbitrator shall decide the matter in accordance with law and without being influenced by the observations and conclusion drawn by the learned arbitrator in the impugned award dated 15th January, 2010.

3.

It is made clear that if matter is not settled amicably between the parties, the

kvm 2/2 2-ARPB669.16 respondents shall appoint an arbitrator in accordance with the arbitration agreement and shall communicate the name of the arbitrator to the petitioner within one week from the date of such appointment. 4.

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

[R.D. DHANUKA, J.]