M/S. Ambey Mining Pvt. Ltd. Kolkata Through Authorized Signatry And Another v. Western Coalfields Limited, Nagpur Through Chairman Cum Managing Director And Others

1 / 2 05-CAW 1131.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (W) NO. 1131 OF 2021 IN WRIT PETITION NO. 1648 OF 2021 (DECIDED) (M/s.Ambey Mining Private Limited vs. Western Coalfields Limited & ors.) ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Mr. Hitesh Verma, Advocate for applicant/petitioner. Mr. G. E. Mohrir, Advocate for respondents.

CORAM :

SUNIL B. SHUKRE AND ANIL S. KILOR, JJ.

DATE :

06/09/2021 Heard learned counsel for the rival parties.

2.

For the reasons stated in the application, the same is allowed, especially when we find that there is a clerical error, which is mentioning about the bar on an employee of one of the parties to act as an arbitrator. Therefore, the line Nos.2 to 5 of para 12 of the Judgment and Order dated 02/08/2021 containing the following sentence, ".... It is contended that a person being an employee of one of the parties which is the State or its KOLHE

2 / 2 05-CAW 1131.2021 instrumentalities cannot per se be a bar to him acting as an arbitrator. ....."

be substituted by the following sentence, " ..... It is contended that bar to act as an arbitrator placed upon an employee of any of the parties, which is the State or its instrumentalities, cannot per se be a bar operating on the arbitration proceedings. ....." 3.

The corrections be made forthwith.

4.

The application is disposed of accordingly.

JUDGE JUDGE KOLHE