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Judgment
Alok Aradhe, J
Mr.Santosh S.Gogi, learned counsel for the petitioner.
In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the order dated 11.08.2017 by which the
Arbitrator, in the course of proceeding, had directed both the parties to file memo setting out the approximate value of the property in respect of which
claim was made and on that basis, to pay their respective share of the arbitration fee by the next date of hearing.
Admittedly, in compliance of the aforesaid order, the petitioner has furnished the valuation and the fee payable to the Arbitrator was calculated and
the same has been paid to the Arbitrator. It is also not in dispute that the arbitration proceedings have concluded and an award has been passed on
17.05.2018.
Therefore, by efflux of time, the issue involved in the writ petition has been rendered academic. However, the issue involved in this petition is kept
open to be agitated in an appropriate case.
Accordingly, the petition is disposed of.