pvr 1 ap1044-09 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1044 OF 2009 Shilpa Stock Broker Pvt.Ltd. ...Petitioner vs. Jaichand Devi Sahay Tiwari. ...Respondent --- Mr.S.S.Purohit i/b. Purohit & Co., for Petitioner. Mr.D.P.Guchiya, for Respondent. --- CORAM: D.K.DESHMUKH, J. DATED: 29th April,2011 P.C.: 1. Admit. Heard finally by consent of parties. 2. It is clear from the rejoinder filed by the petitioner-applicant that it was one of the stands taken by the applicant before the learned Arbitrator that the conduct of the respondent of pvr 2 ap1044-09 issuing cheque in the amount of Rs.4,38,917/- dated 9.4.2008 amounts to admitting liability. It was claimed that the cheque was dishonoured when presented to the bank. In the reply, the respondent had disputed the position. It was claimed that the cheque was given in some other transaction. Perusal of the Award shows that the learned Arbitrator has not considered this aspect of the matter at all, though in paragraph no.6.4 the case of the application-petitioner that the cheque was received by him from the respondent which ultimately was dishonoured, is mentioned. Non consideration of this aspect of the matter shows non application of mind by the learned Arbitrator to the relevant and material aspect of the matter. The learned Arbitrator should have considered this aspect of the matter and recorded the finding. In my opinion, therefore, for this reason the Award is vitiated. In my opinion, therefore, the following order would meet the ends of justice:- pvr 3 ap1044-09 The award made by the learned Arbitrator challenged in the petition, is set aside. The arbitration cell of the National Stock Exchange is directed to appoint a new Arbitrator in accordance with the bye-laws and shall refer the dispute between the parties to the new Arbitrator for denovo consideration and decision in accordance with law. The petition is disposed of. (D.K.DESHMUKH,J.)