Mahanagar Telephone Nigal Ltd. v. Klassic Construction Pvt. Ltd And ANR.

spb/ 235app876-06.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 876 OF 2006 IN ARBITRATION PETITION NO. 243 OF 2006 Mahanagar Telephone Nigam Ltd.

... Appellant.

V/s.

Klassic Construction Pvt. Ltd. & Anr. ... Respondents. --- None present for the Appellant.

Mr. Hemant Sethi i/by Hemant Sethi & Co. for Respondents. --- CORAM : V. M. KANADE AND MRS.SWAPNA JOSHI,JJ.

DATE : 31st AUGUST, 2016 P.C. :

None appears on behalf of the Appellant. Heard learned counsel appearing on behalf of the Respondents. We find from the record that none had appeared on behalf of the Appellant on 7th March, 2016 and on 18th April 2016. It appears that the Appellant is not keen in pursuing this appeal. However, we have perused the impugned order. We find that the learned single Judge has considered all the aspects and confirmed the Award passed by the sole Arbitrator. It is well settled that scope for interference by this court while Borey 1/2

spb/ 235app876-06.odt exercising its writ jurisdiction under section 37 is very limited. We find from the grounds which are taken in the Appeal Memo that the principal contention of the appellant is that the reasons given by the learned single Judge are not correct and reasonable. It is well settled that under section 37 of the Arbitration and Conciliation Act, reasonableness of the reasons given by the Arbitrator is not amenable to challenge either under section 34 or under section 37 of the Arbitration and Conciliation Act.

The Appeal is, therefore, dismissed.

(MRS.SWAPNA JOSHI,J.) (V. M. KANADE,J.) .....

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