Sk Karim Shaikh Lal Patel v. Bombay Mercantile Co Op Bank Ltd Through Branch Manager And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11987 OF 2015 Jaber Hussain Zahed Ali PETITIONER

VERSUS

Bombay Mercantile Co-OP Bank Ltd., & others RESPONDENTS WITH WRIT PETITION NO.11990 OF 2015 Sk. Karim Shaikh Lal Patel PETITIONER

VERSUS

Bombay Mercantile Co-OP Bank Ltd., & others RESPONDENTS .......

Mr. Prashant Nikam, Advocate for the petitioners Mr. M. G. Deokate, Advocate for respondent No.1 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 17 th MARCH, 2016 ORDER :

1.

These two writ petitions have been moved against common order dated 20th August, 2015 in respect of rejection of the applications by the arbitral tribunal for production of documents referred to in the applications by the petitioners. 2.

Mr. Nikam, learned advocate for the petitioners submits that the order can be faulted with on various grounds and that

{2} wp11987-15 the impugned order depicts that there is non application of mind to the facts involved in the matter and the contentions appearing in the applications.

3.

Arbitration proceedings are governed by the provisions under the Arbitration and Conciliation Act, 1996 and rules thereunder. The extent of judicial intervention in the matter has been circumscribed and restricted by said Act. Section 5 of the Act restricts intervention of the court.

4.

In the circumstances, it would be open for the petitioners to adopt such measures as and when it would be available, pursuant to the provisions of the act and rules. No interference at this sage is called for.

5.

Writ petitions as such, stand rejected with aforesaid observations.

[SUNIL P. DESHMUKH, J.] drp/wp11987-15