R.B.KRISHNANI PROP.OF M/S.R.B.KRISHNANI THR. ITS AUTHORIZED SINGNATORY MR. SUBHASH GUNDUKUPI vs M/S. STEM WATER DISTRIBUTION AND INFRASTRUCTURE COM.PVT.LTD.,THANE

Judgment text excerpt

Digitally signed by PRAJAKTA PRAJAKTA SAGAR SAGAR VARTAK VARTAK Date: 2025.04.21 20:24:21 coara 8-23.odt +0530 Prajakta Vartak IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COMMERCIAL ARBITRATION APPEAL NO. 8 OF 2023 Mr. R. B. Krishnani, Proprietor of ) M/s. R. K. Krishnani through its authorised ) signatory Mr. Subhash Gundukupi, ) aged 51 years, having its register office at ) B-10, Shirine Garden, Opp-ITI Road, ) Aundh, Pune-411007 ) ..Appellant (Orig. Claimant) Versus M/s. STEM Water Distribution and ) Infrastructure Com. Pvt. Ltd. ) a company registered under the Company ) Act 1956, having its registered office at ) Vardaman Commercial Complex, 9th Floor ) MIDC, Road No.16, Waghale Industrial ) Estate, Thane (West), 400604 ) ..Respondent (Orig. Respondent) __________ Mr. Gauraj Shah with Mr. Mangesh Humane for Appellant. Mr. Ashish S. Gaikwad with Mr. Anirud R. Rote for Respondent. __________ CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. RESERVED ON: 15 JANUARY 2025. PRONOUNCED ON: 21 APRIL 2025. Judgment (per G. S. Kulkarni, J.): 1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, “ACA”) is directed against the judgment and order dated 16 May 2023 passed by the Commercial Court at Thane whereby the respondent’s application under Section 34 of the ACA for setting aside the arbitral award dated 29 September 2020 passed by the learned sole arbitrator is allowed, as a Page 1 of 41 ------------------------- 21 April 2025 coara 8-23.odt consequence of which, the arbitral award rendered by the learned sole arbitrator stands quashed and set aside. 2. The only ground on which the arbitral award is set aside by the Commercial Court is to the effect that the learned arbitrator was the Managing Director of the res