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Bombay High CourtCA/345/2018rejected at admission stage

The Chairman (Ceo, Zilla Parishad, Beed) Exe. Committee, Dist. Rural Dev. Agency, Beed And Another v. Bajrang Research Foundation, Through It S President, Dr. Vandana Bibhishan Garje And Another

2018-04-13Hon'Ble Shri Justice V.K. Jadhav2 pages

969 ca345-18 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 969 CIVIL APPLICATION NO. 345 OF 2018 IN ARB/10/2015 THE CHAIRMAN (CEO, ZILLA PARISHAD, BEED) EXE. COMMITTEE, DIST. RURAL DEV. AGENCY,

VERSUS

BAJRANG RESEARCH FOUNDATION, THROUGH IT S PRESIDENT, DR. VANDANA BIBHISHAN GARJE ...

Advocate for Applicants : Mr. P. D. Suryawanshi AGP for Respondent-State: Mr. S. N. Morampalle Advocate for Respondent no.1 : Mr. A. N. Nagargoje .....

CORAM : V. K. JADHAV, J.

DATED : 13th APRIL, 2018 PER COURT:- 1.

I do not find any substance in this civil application. 2.

Learned counsel for the petitioner has referred some different agreement, wherein as per the specific clause of the said agreement the secretary of the department can be appointed as Arbitrator. In the instant case, in terms of Article 7 Clause (b) and (c) of the Memorandum of Understanding dated 9th April, 2010 and with consent of the parties, this court (CORAM : Nitin W. Sambre, J.) has passed the order dated 4th September, 2017 for appointment of Arbitrator. Learned counsel for the

969 ca345-18 -2respondent submits that in terms of the order passed by this court, the Arbitrator has been appointed and further as per the fees structure given by the Arbitrator, the respondent has paid Rs.2,00,000/- to the Arbitrator and even the arbitration proceedings has also been commenced.

3.

In view of this, I find no substance in this application. Civil application is accordingly rejected.

( V. K. JADHAV, J.) vsm/