Kutubuddin Agarbattiwala v. Amina Bai

Supreme Court of India · 29 May 2017
A.K. Sikri; Deepak Gupta
I.A.No.1&2 of 2017 IN Petition(s) for Special Leave to Appeal (C) No.5386/2014
civil other

AI Summary

The Supreme Court appointed a new arbitrator to continue arbitration proceedings from the prior stage, directed return of fees paid to the earlier arbitrator, and awarded costs to the petitioners.

Full Text
Translation output
ITEM NO.5 COURT NO.4 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A.No.1&2 of 2017 IN Petition(s) for Special Leave to Appeal (C)
No.5386/2014
(Against the impugned final
JUDGMENT
& order dated 30.10.013 of the
High Court of Judicature for Madhya Pradesh, Bench at Indore in Civil
Writ Petition No.8537/2013)
KUTUBUDDIN AGARBATTIWALA & ORS. Petitioner(s)
VERSUS
AMINA BAI & ORS. Respondent(s)
(For directions and exemption from filing O.T.)
Date : 29/05/2017 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE DEEPAK GUPTA
[VACATION BENCH]
For Petitioner(s)
Mr.Zoheb Hossain, Adv.
For Respondent(s)
Mr.Shivam Sharma, Adv.
Mr.Mohan Pandey, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Learned counsel for the respondents states that the respondents are ready to return the cost/fees which was paid by the petitioner to the arbitrator appointed by this Court. He further submits that the respondents have no objection if the new arbitrator, to be appointed by this Court, continues in the proceedings from the stage
where the earlier arbitrator was. On this, learned counsel for the petitioner does not have any objection if some other arbitrator is appointed by this Court. With the consent of the parties, Hon'ble Mr. Justice
D.M.Dharmadhikari, a former Judge of this court is appointed as arbitrator. The petitioner shall also be paid the cost of Rs.50,000/- (fifty thousand) by the respondent.
With the above direction, I.A.No.1 of 2017 stands disposed of.
Pending applications, if any, also stand disposed of accordingly.
(Ashok Raj Singh) (Mala Kumari Sharma)