M/S. Ambey Mining Pvt. Ltd. ... vs Western Coalfields Limited, ...
2021 Latest Caselaw 12689 Bom

                                               1/2                        05-CAW 1131.2021

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

            CIVIL APPLICATION (W) NO. 1131 OF 2021
                                 IN
          WRIT PETITION NO. 1648 OF 2021 (DECIDED)
(M/s.Ambey Mining Private Limited vs. Western Coalfields Limited & ors.)
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and Registrar's orders.
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                       Mr. Hitesh Verma, Advocate for applicant/petitioner.
                       Mr. G. E. Mohrir, Advocate for respondents.


                                         CORAM       :     SUNIL B. SHUKRE AND
                                                           ANIL S. KILOR, JJ.

DATE : 06/09/2021

Heard learned counsel for the rival parties.

2. For the reasons stated in the application, the same is allowed, especially when we find that there is a clerical error, which is mentioning about the bar on an employee of one of the parties to act as an arbitrator. Therefore, the line Nos.2 to 5 of para 12 of the Judgment and Order dated 02/08/2021 containing the following sentence,

".... It is contended that a person being an employee of one of the parties which is the State or its

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2/2 05-CAW 1131.2021

instrumentalities cannot per se be a bar to him acting as an arbitrator. ....."

be substituted by the following sentence,

" ..... It is contended that bar to act as an arbitrator placed upon an employee of any of the parties, which is the State or its instrumentalities, cannot per se be a bar operating on the arbitration proceedings. ....."

3. The corrections be made forthwith.

4. The application is disposed of accordingly.

                                       JUDGE                                     JUDGE




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