Petition under Section 11(5) of the Arbitration and Conciliation Act sought replacement of the arbitrator appointed by respondent no.1 with an independent arbitrator to resolve a dispute under clause 35 of SWRES constitution. Respondent filed memo showing award was passed on 08.04.2024; petition disposed as it would not survive.
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NC: 2024:KHC-D:6621 CMP No. 100001 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL, 2024 BEFORE
THE HON'BLE MR JUSTICE RAVI V.HOSMANI CIVIL MISC PETITION NO. 100001 OF 2024
BETWEEN:
K. JESUDAS S/O. K. ANANDRAO, AGE: 55 YEARS, OCC: ASST. GENERAL SECRETARY, SOUTH WESTERN RAILWAYS EMPLOYEES SANGH (SWRES), R/O. HOUSE NO.55, SADASHIV COLONY, GADAG ROAD, HUBBALLI-580020.
(BY SRI VISHAVANATH S. BICHAGATTI & SRI PARASHURAM C. SAJJANAR, ADVOCATES)
AND:
CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed byCHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
(BY SRI SANTOSH B. MANE & SRI S.S. KATEEB, ADVOCATE FOR R3; R2-SERVED; R1-POSTAL SHARA “ITEM DELIVERED TO ADDRESSEE”)
THIS CIVIL MISCELLANEOUS PETITION FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO CHANGE THE ARBITRATOR APPOINTED BY THE RESPONDENT NO.1 AND APPOINT AN INDEPENDENT ARBITRATOR TO RESOLVE
THE DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONER AND RESPONDENT NO.3 AS PER THE CLAUSE NO.35 CONSTITUTION OF SWRE (SOUTH WESTERN RAILWAYS EMPLOYEES SANGH) AT ANNEXURE-A & ETC.
THIS CIVIL MISCELLANEOUS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Counsel for respondent no.3 has filed a memo along with a
copy of award stating that during pendency of this petition, Arbitrator
has passed award on 08.04.2024.
Present petition was filed for change of Arbitrator.
In view of subsequent event, petition would not survive for
consideration and disposed of accordingly.
BVV
List No.: 1 Sl No.: 6
Sd/JUDGE
1 issue framed by the court
Whether the petition for change of arbitrator remained relevant after the arbitrator passed the award during its pendency.
1 provisions across 1 enactments
K. JESUDAS S/O. K. ANANDRAO
DR. M. RAGHAVAIAH
SOUTH WESTERN RAILWAYS EMPLOYEES SANGH, A REGISTERED TRADE UNION, REPRESENTED BY ITS GENERAL SECRETARY, FEROZE PASHA
SHAIKH REHAMAN
RAVI V.HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
