Il And Fs Trust Company Ltd. v. Vbc Ferro Alloys Ltd. And 6 ORS.

sat 1/1 arbp 1044-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 1044 OF 2016 IL and FS Trust Company Ltd.

...Petitioner

vs VBC Ferro Alloys Ltd. & Ors.

...Respondents

Ms.Smruti Kanade I/b. Negandhi, Shah & Himayatullah for Petitioner. Ms.Shweta B. Kamble I/b. Lakshmi Murali & Associates for Respondent No.4.

CORAM : S.C.GUPTE, J.

DATE : 3 DECEMBER 2018 P.C. :

Learned Counsel for the Petitioner submits that pending the arbitration petition, an award came to be passed in the reference. The award has since been set aside and the arbitration proceedings have been restored at the stage at which they stood as of 13 June 2016. The new arbitrator appointed as a sole arbitrator to continue with the reference has since been approached by the Petitioner with an application under Section 17 of the Arbitration and Conciliation Act. The learned arbitrator has passed appropriate orders under Section 17, which inter alia protect the Petitioner's interest. The Petitioner, in the premises, does not press the present petition.

Accordingly, the petition is disposed of as not pressed. No order as to costs.

(S.C. GUPTE, J.)