Bombay High Court
Zigma Corporation vs Tradewel Construction Corporation ... on 29 November, 2022
Author: Bharati Dangre
Bench: Bharati Dangre
(7)CARBP-529-2021.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL ARBITRATION PETITION NO.529 OF 2021
Zigma Corporation ] .. Petitioner
vs.
Tradewel Construction Corp.Pvt.Ltd. ] .. Respondent
Mr.Aditya Udeshi, a/w Samarth Jaidev, and Rahul Sanghvi, i/b M/s.Sanjay Udeshi & Co. for the Petitioner. Mr.Hasmit Trivedi i/b Praxis Legal for Respondent No.1.
CORAM : BHARATI DANGRE, J DATE : 29th NOVEMBER, 2022.
P.C. 1] The Petition filed under Section 14 and 15 of the Act of 1996 seek following reliefs :
a] This Hon'ble Court be pleased to terminate the mandate of Shri S.R. Hosalkar on account of the impossibility on his part to act as an arbitrator.
b] this Hon'ble Court be pleased to appoint a substitute arbitrator in place of Shri S.R. Hosalkar.
2] The Petition with the aforesaid prayer was instituted on 22.06.2021, but in the interegnum certain developments took place 1/2 ::: Uploaded on - 01/12/2022 ::: Downloaded on - 02/12/2022 07:57:21 ::: (7)CARBP-529-2021.doc which according to the learned counsel has rendered the said prayer infructuous and this development being shri S.R. Hosalkar one of the Arbitrator on the Panel having expired. It is also informed that other co-arbitrator Dr.Kirty Dave has also expired leaving only the Chairman of the arbitral panel, Shr N.N. Shrikhande.
3] In the wake of aforesaid, learned counsel seek permission to withdraw the present Petition with liberty to take recourse to such proceedings which are permissible in law for redressing his grievance. Permission is granted.
4] Arbitration Petition is disposed off as withdrawn with liberty as prayed for.
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