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Judgment
Alok Aradhe, J
This review petition is filed seeking review of the order dated 02.04.2019 passed by this court in C.M.P No.126/2017, by which this court had
dismissed the petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 inter alia on the ground that admittedly, the licence agreement
between the parties was not signed and was dismissed on the following grounds:
I have considered the submissions made by learned counsel for the parties. Admittedly, the licence agreement between the parties was not signed.
Therefore, the bid document did not form part of the licence agreement and in the absence of any licence agreement, there was no arbitration clause
between the parties. In the absence of arbitration clause between the parties, the petitioner could not seek appointment of an Arbitrator under Section
11(5) of the Arbitration and Conciliation Act, 1996. However, the petition is disposed of with liberty to the petitioner to take recourse to such remedy
as may be available to him under law.
After hearing learned counsel for the parties, I find that the order dated 02.04.2019 passed in C.M.P No.126/2017 does not suffer from any error
apparent on the face of the record warranting interference of this court.
In the result, the petition is dismissed.