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Bombay High CourtARBP/199/2014disposed off

Mr.Sanjeev Gopal Krishna Raju v. Mr.Gulzar Ahmed Yusuf Ali Mistry

2015-06-09Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 905-ARBP199.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 199 OF 2014 Mr.Sanjeev Gopak Krishna Raju ..... Petitioner

VERSUS

Mr.Gulzar Ahmed Yusuf Ali Mistry ..... Respondent Mr.Chirag Mody, i/b. Mr.Ashok Purohit for the Petitioner. Mr.Piyush Raheja, a/w. Ms.Rucha Jog-Raheja, i/b. RVJ Associates for the Respondent.

CORAM :

R.D. DHANUKA, J.

DATED :

9th JUNE, 2015 P.C.

By this petition filed under section 37 of the Arbitration and Conciliation Act, 1996, the petitioner has impugned the order passed by the learned arbitrator on 21st April, 2013 thereby rejecting the application filed by the petitioner under section 17. A perusal of the order passed by the learned arbitrator indicates that the petitioner has made a similar application even in the past which was already rejected by the learned arbitrator by passing a separate order dated 8th May, 2012. A perusal of the order clearly indicates that the learned arbitrator has rendered sufficient reasons for dismissing the similar application made again by the petitioner.

2.

Arbitration proceedings are going on before the learned arbitrator. No interference with the impugned order is thus warranted. It is made clear that the observations made by the learned arbitrator in the impugned order are prima facie and the learned arbitrator shall not be influenced with the said observations while

kvm 2/2 905-ARBP199.14 deciding the matter on merits. The arbitration petition is rejected. No order as to costs.

3.

Both parties are directed to co-operate with each other and with the learned arbitrator to dispose of the arbitration proceedings expeditiously. [R.D. DHANUKA, J.]