Payal Sahasram Bisen v. M/S Krishna Consultants, Thr. Its Authorized Officer, Vipin Mokadam And Another

44. WP 5942 of 2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5942/2018 Payal Sahasram Bisen ...Versus...

M/s Krishna Consultants, through its Authorized Officer, Vipin Mokadam, Nagpur and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri Alok Daga, Advocate for petitioner Shri N.D. Khamborkar, Advocate for respondent no.1 CORAM : AVINASH G. GHAROTE, J.

DATE : 27/03/2023 1.

The agreement dated 01/11/2017 contains an arbitration clause 5.2 (pg.34), which was sought to be invoked by the notice dated 20/03/2018 (pg.13). This was replied on 09/04/2018 (pg.17). Thereafter, the respondent no.1, on his own, instead of filing an application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 appointed an arbitrator, which has been challenged.

2.

Shri N.D. Khamborkar, learned counsel for the respondent no.1 does not dispute that in case there was a controversy between the parties regarding the appointment of an arbitrator, the course of action, which was to be followed, was filing of an application under Section 11 (6) of the

44. WP 5942 of 2018.odt Arbitration and Conciliation Act and the respondent no.1 could not have directly appointed an arbitrator, in view of which, the appointment of the arbitrator is hereby quashed and set aside and the parties are left to take appropriate proceedings, as permissible in that regard.

3.

The writ petition is allowed in the above terms and disposed of accordingly. No order as to costs. (AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR