PELICAN CO-OPERATIVE HOUSING SOCIETY LIMITED, THROUGH ITS SECRETARY, LUCIA ATAIDE LOBO Vs. SHIRISH KAMAT, STRUCTURAL CONSULTANT, UG2, ZARINA TOWERS

JUDGEMENT

(1.) Heard Shri Rohit Bras De Sa, learned advocate for the petitioner, Shri J. A. Lobo, learned advocate for the respondent no.1 and Shri F. E. Naronha, learned advocate for the respondent no.2.

(2.) The above petition takes an exception to the notice issued by the respondent no.1 to the petitioner which is at Annexure B for entering into an adjudication of the disputes between the petitioner and the respondent no.2 claiming to be an arbitrator.

(3.) Shri Rohit Bras De Sa, learned Counsel for the petitioner points out that on going through the Agreement between the parties it is seen that there is no arbitration clause which entitles the respondent no.1 to proceed with the arbitration. The learned Counsel further points out that the respondent no.1 was the consultant of the respondent no.2 and as such, according to him, the question of the respondent no.1 being an agreed arbitrator does not arise. The learned Counsel further points out that, as such, there cannot be an arbitration dispute to be adjudicated by the respondent No.1 as there is no arbitration clause between the parties. As such, according to the learned Counsel, the impugned notice served on the petitioner by the respondent no.1 is liable to be quashed and set aside.