Jharkhand High Court
M/S B.N. Hotel (Pvt.) Ltd vs M/S Shri Ram Multicon Private ... on 1 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Commercial Appellate Jurisdiction)
Commercial Appeal No.11 of 2018
------
M/s B.N. Hotel (Pvt.) Ltd. ... ... Appellant
Versus
M/s Shri Ram Multicon Private Limited ...... Respondent
-------
CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
------
For the Appellant(s) : Mr. Ajit Kumar, Sr. Advocate;
Mr. Vikalp Gupta, Advocate
For the Respondent : Mr. Indrajit Sinha, Advocate;
Mr. Bibhash Sinha, Advocate;
Mr. Sapan Mukherjee, Advocate
------
st
Order No. 26/ Dated: 1 May 2023
This is an appeal filed by M/s B.N. Hotel (Pvt.) Ltd. under
section 13 of the Commercial Courts Act, 2015.
By the judgment dated 1st October, 2018, Original Suit No.19 0f
2017, corresponding to Misc. (Arbitration) Case No. 08 of 2013, filed by the
appellant to challenge the award dated 16th January 2013 has been dismissed.
Mr. Ajit Kumar, the learned senior counsel for the appellant, has
taken us through the proceedings dated 20th November 2012, 15th December
2012, 22nd December 2012 and 23rd December 2012 to demonstrate that the
learned Arbitrator did not follow the mandate under section 18 of the
Arbitration and Conciliation Act, 1996 inasmuch as sufficient opportunity to
defend itself has not been provided to the appellant.
In short, the plea urged on behalf of the appellant is that the
award dated 16th January 2013 has been passed without following the rules
of natural justice and while so the award has become illegal.
Mr. Ajit Kumar, the learned senior counsel for the appellant, has
taken us through the application filed by the appellant under section 18 of
the Arbitration and Conciliation Act, 1996 at page-121 of the Convenience
Compilation-I to indicate that this application was erroneously decided by the
learned Arbitrator and award dated 16th January 2013 has been made.
Mr. Indrajit Sinha, the learned counsel for the respondent, has
-2- Commercial Appeal No.11 of 2018
resisted this plea on the ground that the conduct of the appellant has been
such that no indulgence should be granted by this Court. It is submitted that a
specific plea was raised by the appellant before the Commercial Court at
Dhanbad by filing an application seeking termination of mandate of the
Arbitrator on the very same grounds and the said application was dismissed.
The contention raised at Bar is that on a similar plea the
application dated 29th December 2012 filed under section 18 of the
Arbitration and Conciliation Act, 1996 was frivolous and has rightly been
rejected by the Court.
On the request of Mr. Indrajit Sinha, the learned counsel for the
respondent, post this matter on 3rd May 2023 for producing a copy of the
order by which the application filed by the appellant was declined.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
SB/KNR
