*1* arbap.54.09.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.54 OF 2009 Schokhi Industrial Pvt.Ltd.. ..Applicant -Versus- Maharashtra State Power Generation Company Pvt.Ltd. And another. ..Respondents .......... Ms.Shilpa Kapil, for the Applicant. Mr.Prashant Chavan a/w Ms.Pratibha Mehta i/b M/s Little & Company for the Respondents. .......... CORAM : S.J. VAZIFDAR, J. DATE : 02nd September, 2010. P.C. 1 This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. 2 The application is totally misconceived. The Respondents had auctioned some of it’s properties. The auction was held on 10.05.1993. The Applicant was one of the unsuccessful bidders. The Applicant’s contention is that the entire bidding process was fraudulent and that the same was done fraudulently in favour of another party. 3 It is doubtful whether there was an arbitration agreement at all between the Respondents and the Applicant who was unsuccessful bidder. It is doubtful whether clause-1.16 applies between such parties. 4 The Applicant had filed a suit under Section 20 of the Arbitration Act, 1940 being Arbitration Suit No.3106/1994. The suit was dismissed by an order and judgment dated 03.04.1998. Being aggrieved by the said order and judgment, the Applicant filed Appeal No.911/1998. The Division Bench by an order dated 13.02.2007 allowed the Applicant *2* arbap.54.09.sxw to withdraw the appeal with liberty to initiate appropriate proceedings for damages. Liberty was subject to the rights and liabilities of the parties. 5 The suit under Section 20 of the Arbitration Act, 1940 inter- alia contained the prayer clause for taking on file the alleged arbitration agreement and for appointment of the Arbitrator. That judgment has attained finality. The Applicant withdrew the appeal at it’s own risk. In any event today the claim which pertains to 10th May, 1993 is stale. 6 In the circumstances, the application is dismissed. -