VARSHABEN NARANBHAI DANTANI Vs. RADHESHYAM TARACHAND AGRAWAL

JUDGEMENT

(1.) These intra-court appeals are directed against the common oral order dtd. 27/9/2021 passed in Special Civil Application No.2425 of 2021 with Special Civil Applications Nos.2473 of 2021, 2897 of 2021, 2901 of 2021 and 2899 of 2021 whereunder learned Single Judge has set aside "so called order passed by respondent No.11 herein masquerading as an Arbitrator" by exercising the extra-ordinary jurisdiction vested under Article 226 of the Constitution of India on two grounds, namely, (i) on an affidavit/declaration on oath submitted by 11 th respondent that such orders came to be passed by him was on account of mistake and undertaking given to the Court that he would not conduct any arbitration proceedings in future; (ii) private respondents namely, appellants herein also undertaking that they would take all necessary steps to undo the damage which had been caused on account of the order passed by the 11th respondent.

(2.) The short facts shorn off unnecessary details for disposal of these appeals can be crystalised as under:

(3.) Contending inter-alia that neither there is any privity of contract nor any written agreement between the petitioners and original respondent Nos.1 and 2 (appellants herein) for invoking the provisions of the Arbitration and Conciliation Act , 1996 (for short "the Act") and respondent No.11 herein has no legal authority or power to decide any dispute between the parties particularly in the absence of any agreement to said effect sought for quashing of the arbitration case filed by the appellants herein before the 11th respondent herein and to impose exemplary costs on the ground of the said proceedings being patently void, illegal, nullity, without competence and jurisdiction and 11th respondent does not have power to initiate Arbitration proceedings and without having any force of law, he is conducting the proceedings.