P K AMARJITH Vs. P K KAMALA

JUDGEMENT

(1.) CHALLENGING the correctness or otherwise of the orders passed by the learned single Judge in WP (C) No. 17459 of 2007 dated 3rd August, 2007, the petitioner in the Writ Petition has filed this appeal.

(2.) THE subject matter before the learned single Judge was the orders passed by the Sole Arbitrator dated 21st May 2007 and the consequential orders passed by the Arbitrator on the same day.

(3.) QUESTIONING the aforesaid two orders passed by the Arbitrator, Amarjith/appellant herein, who was impleaded as a party to the arbitration proceedings, was before this court in WP (C) No. 17459 of 2007. The learned single Judge by order dated 3rd August, 2007 while allowing the Writ Petition has observed as under: " As such, I am not satisfied that the petitioner cannot be impleaded in the proceedings against his own wish. But if ultimately it is found that the award passed in the arbitration proceedings would affect the petitioner also, he cannot take a contention that because he was not party to the arbitration proceedings, the same would not be binding on him. With the above observation this Writ Petition is allowed and Ext. P2, to the extent it impleads the petitioner as a party to the arbitration proceedings is set aside. "