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

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 ------------------------- 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 respondent, hence, in view of the provisions of Section 12(5) of the ACA, he was ineligible to act as an arbitrator. Also referring to the provisions of Sections 14 and 15 of the ACA, the Commercial Court felt that on such count the arbitral award suffered a patent illegality so as to set aside the same by applying Section 34(2A) of the ACA. 3. Thus, the issue as urged in the present appeal is a pure question of law, n