*1* arbp.261.07.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.261 OF 2007 Mr.Girish B. Khandagale, sole proprietor of M/s Girish Enterprises. ..Petitioner -Versus- Union of India and others. ..Respondents .......... Ms.Vaishali Chaudhari, for the Petitioner. Mr.Suresh Kumar, for the Respondents. .......... CORAM : S.J. VAZIFDAR, J. DATE : 17th September, 2010. P.C. 1 This is a petition under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the award dated 13.01.2007 made by the Arbitral Tribunal consisting of three Arbitrators. 2 There is no dispute about the fact that the parties have entered into an agreement. It is also admitted that the agreement contains an arbitration clause and the reference of disputes was validly made to the Arbitrator. 3 The Petitioner’s claim arises on account of the allegedly illegal termination of the contract by the Respondents. It is not possible, at this stage, to consider the merits of the disputes between the parties as the award itself has not considered the same. The entire claim has been disposed of in a few sentences without referring to the material evidence relied upon by the parties. The Arbitral Tribunal only states the contentions of the parties. 4 In the circumstances, the award so far as it rejects the claim *2* arbp.261.07.sxw of the Petitioner must be set aside. 5 The validity of the counter-claim raised by the Respondent also depends upon the findings of the claim. On that ground itself, the award so far as it allows the counter claim must also be set aside. 6 Both the parties agreed that instead of leaving them to any other remedy, the interest of justice requires that the disputes be referred to a fresh Arbitral Tribunal. 7 The petition is, therefore, disposed of as follows:- (i) The award dated 13.01.2007 is set aside. (ii) The General Manager, Central Railways shall appoint a fresh Arbitral Tribunal to decide the claims and counter-claims of the parties. (iii) The record already available shall be relied upon by the new Arbitral Tribunal. (iv) No order as to costs. -