Jaichand B Mahala v. Rekha A Punia And ANR.

908-ARA-5-2025+.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO. 5 OF 2025 WITH INTERIM APPLICATION NO. 2841 OF 2025 Jaichand B Mahala ...Appellant

Versus

Rekha A Punia & Anr

...Respondents

Ms. Rukmini Khairnar, i/b Pramod Joshi, for the Appellant. Mr. Ranbir Dutta (through VC), a/w Abhishek Bhaduri, Deepandya Walanj, for Respondent No.1.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : AUGUST 5, 2025 ORDER :

1.

Having heard the Learned Counsel for the parties for some time, prima facie it appears that there has been an explicit objection to the appointment of the arbitral tribunal. The Appellant has specifically raised the issue of not having obtained the Appellant's consent for the appointment of the arbitrator, as also no Court under Section 11 having appointed the arbitrator.

2.

Such averment ought to have been dealt with. Prima facie, it appears from the arbitral award that the arbitrator has stated the Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.08.07 17:09:51 +0530 opposite, namely, that the Appellant has raised no objection at all. ASHWINI JANARDAN VALLAKATI August 5, 2025 Ashwini Vallakati

908-ARA-5-2025+.doc 3.

In these circumstances, it would be appropriate to consider the matter in more detail. It would also be appropriate if the parties could proceed to arbitration afresh if they so agree. 4.

To enable the parties to take instructions, stand over to August 12, 2025. Meanwhile, the effect and operation of the impugned arbitral award and the order under Section 34 upholding the award shall remain stayed until the next date.

5.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] August 5, 2025 Ashwini Vallakati