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Bombay High CourtARB/8/2019disposed off

Shri Prakash Developer v. Rural Education Society

2021-03-02Hon'Ble Shri Justice N. J. Jamadar2 pages

( 1 ) arb8.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 973 ARBITRATION APPLICATION NO.8 OF 2019 SHRI PRAKASH DEVELOPER

VERSUS

RURAL EDUCATION SOCIETY Mr.A.G. Choudhari, Advocate for the applicant. Mr.M.D. Shinde, Advocate for the sole respondent. CORAM : N.J.JAMADAR,J.

DATE :

02.03.2021 PC :- 01.

By an order dated 16.02.2021, this Court had appointed Shri Arvind S. Kale, a retired District Judge, as the arbitrator. The Registry was further directed to solicit the disclosure statement, if Shri Kale gives consent to accept the assignment.

02.

Shri Kale has made disclosure as envisaged by section 12 of the Arbitration and Conciliation Act, 1996. The disclosure does not impinge on the impartiality of Shri Kale.

03.

Learned Counsel for the respondent submitted that though the respondent gave consent to appoint Shri Kale as the arbitrator, under the signature of its President, yet, the stamp affixed below the signature is not of the respondent society. This issue is not germane

( 2 ) arb8.19 to the instant proceeding for appointment of the arbitrator.

04.

Hence, in view of the order dated 16.02.2021, whereby Shri Arvind S. Kale came to be appointed as arbitrator, the petition has served its purpose, and, accordingly, stands disposed of.

[N.J.JAMADAR,J.] snk/2021/MAR21/arb8.19