Behram Hoshang Bakht v. M/S. New York Stores And Restaurant And 6 ORS.

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8. ARBP 1274-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1274 OF 2016 Behram Hoshang Bakht ...

Petitioner

Versus

M/s New York Stores & Restaurant And Others ...

Respondents .....

Mr. Vivek Walawalkar I/b Mr. V.S. Kapse for the Petitioner. Mr. Kishore Jain a/w Ms. Priyal Chheda I/b Mr. Sundar Mani & Ms. Divya Jain for Respondent Nos. 1 and 2.

.....

CORAM : S.C.GUPTE, J.

DATE : 26 NOVEMBER 2018 P. C. :

.

Heard learned Counsel for the parties.

This arbitration petition challenges an order of a sole arbitrator, by which the arbitrator has terminated the proceedings on the ground of having found the continuation of the proceedings to have become impossible. An order terminating proceedings under Section 32(2) of the Arbitration and Conciliation Act, 1996 is not an award and hence, cannot be challenged under Section 34. This position is not disputed by learned Counsel for the Petitioner. Learned Counsel, however, submits that he may be allowed to convert this petition into a petition under sub-section (2) of Section 14. When asked if instead this petition may be withdrawn simplicitor, in which case, the Petitioner may have liberty to adopt such proceedings as may be permissible to him in law, learned Counsel for the

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8. ARBP 1274-16.doc Petitioner agrees to do so. The petition is, accordingly, dismissed as withdrawn with liberty to the Petitioner to adopt such proceedings as may be permissible to him in law.

(S.C. GUPTE, J.)