M/S Prabhu Construction Co. Pvt. Ltd, Nagpur Through Its Director, Prabhubhai Jadhavji Rathod v. Union Of India Through Secretary, Ministry Of Railways, New Delhi

(1) 953mca827.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION No. 827 OF 2022 M/s. Prabhu Construction Co. Pvt. Ltd. __ Vs. ___Union of India and ors --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mrs. Mayuri C. Dharmadhikari, Advocate for applicant Ms. Mugdha Chandurkar, Advocate for Respondent Nos. 1 to 3 CORAM :

AVINASH G. GHAROTE, J.

DATE : 03/02/2023 1] The application seeks appointment of Arbitrator in pursuance to the order dated 5.7.2022 passed by the learned Principal District Judge in proceedings under Section 34 of the A&C Act, whereby the award dated 22.5.2003 passed by the learned Arbitrator was set aside and the parties were relegated to the remedies available to them under the law (page 76). 2] The original Arbitrator Mr. Jain according to Ms. Chandurkar, learned counsel for the respondents is no longer available.

3] Mrs. Dharmadhikari, learned counsel for the applicant has suggested the names of three former judicial officers by the pursis dated 27.1.2023, considering which one Mr. Gunwant M. Kubade, Retired Principal District Judge is appointed to arbitrate the dispute between the parties.

(2) 953mca827.22 4] Th parties shall appear before the learned Arbitrator on 13.2.2023 and place the documents before him.

5] It is made clear that the copy of the order shall not be supplied to the applicant, unless the processing charges are deposited by the applicant. 6] The application is disposed of in above terms. No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: