Larsen And Toubro Limited v. Nashik Municipal Corporation

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION COMMERCIAL ARBITRATION PETITION NO.19 OF 2024 Larsen and Toubro Limited ..

Petitioner

Versus

Nashik Municipal Corporation ..

Respondent ...

Mr. Naresh Thacker with Ms.Ashna Contractor, Ms.Kareena Tahilramani i/b Economic Laws Practice for the petitioner. Mr. M.L. Patil for the respondents.

CORAM: BHARATI DANGRE, J.

DATED : 5th APRIL, 2024 P.C:- Learned counsel for the petitioner has invited my attention to the response of the Nashik Municipal Corporation to the notice invoking arbitration, and in particular, clause 8 therein. Though there is no denial about the existence of the arbitration agreement between the parties, but the insistence is upon appointment of the Commissioner, Nashik Municipal Corporation as a Sole Arbitrator.

Such an appointment if permitted, effected shall admittedly be in teeth of the settled position of law, that the interested party to a dispute cannot be an Arbitrator as the Tilak

2/2 32 COARP 19-24.doc appointment shall be in violation of Section 12 read with Schedule V and Schedule VII of the Arbitration and Conciliation Act, 1986 Learned counsel for the respondents seek some time, which I am inclined to grant but since the petition involve the limited issue, it is directed to be listed on 2/5/2024. ( SMT. BHARATI DANGRE, J.) Tilak