Allowed
Vijay P Katkoria v. Tirtha Securities Pvt. Ltd.
Bombay HCARBP/1203/2014
Case brief
from the order text
What is this about?
COURT OF JUDICATURE AT BOMBAY ORDINARY
What the court decided
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12-ARBP1203.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 1203 OF 2014
Vijay P. Katkoria
….. Petitioner
VERSUS
Tirtha Securities Pvt. Ltd. ….. Respondent
Ms.Priyanka Vegad for the Petitioner.
Mr.Nilesh Das for the Respondent.
CORAM : R.D. DHANUKA, J.
DATED : 5th MAY, 2015
P.C .
By consent of parties, following order is passed :-
(1) Impugned award dated 20th December, 2012 passed by the learned arbitrator is set aside. Parties have no objection if the learned arbitrator makes a fresh award after giving an opportunity to both the parties for leading oral as well as documentary evidence. Whatever documents and pleadings are already forming part of the record can be relied upon by both parties.
(2) Learned arbitrator shall make a fresh award without being influenced by the the findings, observations and conclusions rendered by the learned arbitrator in the impugned award dated 20th December, 2012.
(3) Petitioner undertakes to cross examine the witness
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12-ARBP1203.14
examined by the respondents and undertakes not to take any unnecessary adjournments before the learned arbitrator. The petitioner also would be at liberty to file oral evidence before the learned arbitrator.
(4) Both the parties have agreed that all the fees and expenses of the learned arbitrator shall be borne equally by both parties at the first instance.
(5) The learned arbitrator shall make an endeavour to dispose off the arbitral proceedings expeditiously and not later than six months from the date of the first meeting. Petition is disposed of in the aforesaid terms.
(6) No order as to costs.
[R.D. DHANUKA, J.]
3 issues framed by the court
Whether the impugned arbitral award should be set aside and arbitration proceedings re-committed with specific directions.
Whether the parties are at liberty to file oral evidence before the learned arbitrator in the arbitrator makes a fresh award without being influenced by the the findings, observations and conclusions
Whether the petitioner's undertaking to cross-examine witnesses and file oral evidence is included in the order.
Vijay P. Katkoria
Tirtha Securities Pvt. Ltd.
R.D. DHANUKA
As recorded by the court registry
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