1 arbp389.10.doc ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 389 OF 2010 Mr.Bhagwandas Lalchand Bajaj. .. Petitioner versus Active Finstock P.Ltd. .. Respondent. Mr.B.L.Bajaj, Petitioner in person. CORAM: S.C.DHARMADHIKARI, J. DATED: 14TH FEBRUARY, 2011 P.C. 1 The Respondent before the Tribunal is the Petitioner before me. His counter claim has been rejected by the Arbitral Tribunal and therefore, for that limited complaint, he has filed this Petition under section 34 of the Arbitration and Conciliation Act, 1996. The claimant who is the respondent before me has been also disbelieved and then, claim was rejected in entirety. 2. The counterclaim of the Petitioner is in two parts. The first part is that the Respondent caused him harassment and loss of reputation and good will by dragging him to the arbitral proceedings and making false claim against him. As far as that 2 arbp389.10.doc claim is concerned, the Tribunal in my opinion, has rightly observed that remedy of petitioner lies elsewhere. 2. The only grievance of the Petitioner is that the counter claim to the extent of remittance of balance payment of Rs. 53,500/- and delivery profit should have been awarded. 3. As far as that is concerned, the Arbitral Tribunal has found that the Petitioner before me was unable to substantiate his claim. He was unable to place the documents in that behalf. The Petitioner has argued in person and relied upon certain documents annexed to this Petition, particularly at pages 17 and 19. I am of the opinion that the reading thereof cannot displace the conclusion of the Tribunal. Merely because the Petitioner feels that by certain internal dealings and change of email I.D. the loss is caused, he should have proved that claim. In such circumstances, the Arbitral Tribunal’s conclusion that both claim and counter claims are not substantiated is just, fair and proper. There is no necessity of interference therewith. The Petition is dismissed with no order as to costs. (S.C.DHARMADHIKARI, J.)