The Bombay High Court held that the application under Section 11 of the Arbitration and Conciliation Act, 1966 was maintainable despite the respondent's absence. The court proceeded to appoint a sole arbitrator pursuant to the Franchise Agreement.
Appointment of Mr. Justice J.P. Devadhar as the sole Arbitrator; Application disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
31.arbap.70.2013.doc
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO.70 OF 2013
M/s K.Sera Sera Miniplex Pvt. Ltd.
..Applicant
Vs.
M/s R.K.Builders
..Respondent
Mr.Rakesh K. Agrawal for the applicant. None for the respondent.
CORAM : R.D DHANUKA, J. DATE : APRIL 8, 2013.
P.C.:
The applicant has already filed affidavit of service
on record which indicates that the respondent is served. None appeared for the respondent though served.
Pg 1 of 2
31.arbap.70.2013.doc
the parties. The learned counsel invited my attention to Clause 8 of the Franchise Agreement which provides that, the Courts in Mumbai, Maharashtra, India alone shall have exclusie jurisdiction for entertaining any matter arising out of or related to, this Agreement, irrespective of any transaction partly arising outside the jurisdiction of the said Court, and no other Courts shall have jurisdiction in that regard.
i) Mr. Justice J.P.Devadhar, former Judge of this Court
is appointed as sole Arbitrator.
ii) Application is disposed off.
iii) No order as to costs.
[ R.D.DHANUKA, J. ]
/kukIik dks”Vh
Pg 2 of 2
2 issues framed by the court
Whether the court has jurisdiction to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act.
Whether the applicant was entitled to appoint a sole arbitrator because the respondent failed to nominate one.
2 provisions across 2 enactments
M/s K.Sera Sera Miniplex Pvt. Ltd.
M/s R.K.Builders
R.D DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
