Kay Bouvet Engineering Pvt. Ltd. Represented Thr. Poa Holder Anilkumar G. Bidkar v. N M Erectors through Prop. Nazir Muhammad Pathan
Case brief
What is this about?
Bombay High Court (Civil Appellate Jurisdiction), Somasekhar Sundaresan J., Arbitration Appeal No. 48 of 2024 (file ref 902.ARA.48.2024), decided 2 May 2025. Kay Bouvet Engineering Pvt. Ltd. (appellant; counsel Rushikesh Desai i/b Nandu Pawar) v. N M Erectors through prop. Nazir Muhammad Pathan (respondent). Withdrawal of arbitration appeal; disposal as withdrawn; arbitral award passed by the Managing Director of one of the parties held set aside/vacated by reason of withdrawal; arbitration agreement subsists; respondent free to seek fresh appointment of arbitral tribunal; reference to Section 11, Arbitration and Conciliation Act, 1996; no costs or quantum awarded.
What did the court decide?
Appeal permitted to be withdrawn and disposed of as withdrawn; the arbitral award passed by the Managing Director of one of the parties stands set aside/vacated; the arbitration agreement between the parties is recorded as subsisting; the Respondent is left free to take steps available in law for a fresh appointment of the arbitral tribunal.