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S.B. Civil Misc. Application No.78/2009
IN
S.B. Civil Arbitration Application No.56/2007
Ms. Valliram & Sons.
vs.
Managing Director, IRCTC & Ors.
Date : 26.3.2010
HON'BLE MR. PRAKASH TATIA, J.
Mr.Kamal Dave, for the applicant.
Ms.Rekha Borana, for the non-applicant.
– – – – –
Learned counsel Ms.Rekha Borana for the
original applicant who moved application for
appointment of arbitrator, submitted that the
objection about the competence of the arbitrator
can be raised before the arbitrator, therefore,
the present application is not maintainable.
This Court is not inclined to decide this
issue at this juncture. However, the respondents
in the original application are permitted to raise
their plea before the learned arbitrator.
Learned Arbitrator Shri RL Meena present in
Court in person as notice was issued to him so
that he may submit his view, submitted that he has
no objection in proceeding with the matter if the
Court orders.
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The said statement has been given by the
arbitrator by showing his inclination to proceed
with the matter if the Court orders.
It is, therefore, made clear that after moving
application before the learned arbitrator, the
learned arbitrator will be free to make any order.
The said application may be submitted within a
period of 15 days from today.
This misc. application is disposed of
accordingly.
(PRAKASH TATIA), J.
S.Phophaliya