1 ARBP242.11 kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.242 OF 2011 ... Rehmat Ali Baig ...Petitioner v/s. Minocher M. Deboo ...Respondent ... Mr.V.R.Dhond i/b Sandeep Karu for the Petitioner. Mr.Rumi Mirza for the Respondent. CORAM: D.K.DESHMUKH, J. DATED: 8th July, 2011 P.C.: 1. Heard the learned Counsel for both sides. The grievance of the Petitioner is that his counter claim was wrongly excluded from consideration by the Arbitrator. The Arbitrator had taken the view that the fees of the Arbitrator, in so far as consideration of the counter claim is concerned, should be borne by the Petitioner. 2. The Petitioner challenged that order. That order was not interfered with by this court. Therefore, in stead of abiding by 2 ARBP242.11 that order, which option was open to the Petitioner, the Petitioner adopted a totally inflexible stand that he will not bear the costs. With the result his counter claim was not considered. 3. Even assuming that the Arbitrator was wrong in directing the Petitioner to bear the costs of arbitration for the trial of his counter calim, considering that it was an interlocutory order which could have been challenged with the final order passed by the Arbitrator, the Petitioner could have deposited the amount under protest and challenged that order in this petition. 4. In my opinion, the Petitioner has adopted an unreasonable and inflexible stand and therefore his counter claim has rightly not been considered by the Arbitrator. In my opinion, therefore, it is not necessary for me to examine whether the learned Arbitrator was justified in directing that the arbitrator’s fees, for trial of the counter claim, should be borne by the Petitioner was wrong or right. In any case, the share of the Respondent in the property got distributed. Only counter claim of the Petitioner was that the expenses that he had incurred for getting possession should be paid to him and that the amount of expenses claimed by the Petitioner was Rs.7 lacs. 3 ARBP242.11 5. Taking overall view of the matter, therefore, in my opinion, as there can be no challenge to the award that is made and challenge is restricted only to non consideration of counter claim, in my opinion, petition cannot be entertained. It is disposed of. (D.K.Deshmukh, J.)