SHREE RENUKA SUGARS LIMITED, REPRESENTED BY ITS OFFICER LEGAL Vs. PRAJ INDUSTRIES LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) THE legality and correctness of the order passed by the sole Arbitrator in Arbitration Case No. 1/2010 dated 2.12.2013 Annexure -K is called in question in these writ petitions. The petitioner is the respondent before the Arbitrator. The sole Arbitrator was appointed in CMP No. 270/2009. The claim was made by the respondent against the petitioner and counter claim is also made by the petitioner against the respondent.

(2.) PARTIES have led evidence. Arguments were also in progress. According to the Arbitrator, he has heard both the parties for more than half a dozen sittings. Thereafter, the petitioner filed two applications as I.A. 1 and I.A. 2. I.A. 1 is for reopening the matter and grant permission to lead additional evidence. I.A. 2 is filed for seeking permission to recall and re -examine RW -2 by way of further evidence. These applications were resisted by the respondent. The Arbitral Tribunal has rejected these two applications. Challenging the same, these petitions are filed.

(3.) PER contra, Sri. Prabhuling K. Navadagi, learned counsel for petitioner submits that said judgment has no application to the facts of this case. While his Lordships considering the power of High Court in entertaining the writ petition in regard to the orders passed by the Hon'ble Chief Justice or his designate under Section 11(6) of the Arbitration Act for appointment of Arbitrator. Therefore, he request 's the Court to over rule the objections raised by Sri. Udaya Holla.