High CourtsSingle Bench(2013) 06 BOM CK 0142

Shailesh H. Kulkarni vs Union of India and Others

Bombay High Court · Decided on 28 June 2013 · Citation: (2013) 4 MhLj 651

HON’BLE JUDGES
Anoop V. Mohta, J
RESULT
Dismissed
CASE NUMBER
Misc. Civil Application (Arbitration) No. 409 of 2012

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Judgment

3 paragraphs · 191 words

Anoop V. Mohta, J.—Heard. Admit. Taken up for final disposal with the consent of the learned Counsel for the parties. Both the learned Counsel fairly state that so far as clause Nos. (i) and (ii) are concerned, the matter is infructuous, as the party appeared before the Tribunal and the award is already passed.

2.

The learned Counsel appearing on behalf of the applicant submitted that so far as clause (iii) is concerned, the respondents should be directed to pay compensation and costs to the applicant to the extent of Rs. 5,00,000/- for the inordinate delay caused in the arbitration case due to the absolute insensitive attitude of the respondent and therefore, suffered mental and physical harassment. The prayer is also made to take appropriate action against the officers of the respondents.

3.

Considering the scheme and purpose of section 11 of the Arbitration and Conciliation Act and as the designate Judge has no jurisdiction to adjudicate all these issues, there is no question of granting any relief, as prayed. The remedy is elsewhere. All the points are kept open. The Misc. Civil Application is dismissed. No order as to costs.