Disposed

Gangadhar Shivram Shetty and Ors. v. Diwakar Narayan Shetty

Bombay HC3 Sept 2014ARBAP/175/2014

Case brief

AI extract

What is this about?

The High Court appointed Mr. Ashish Kamath as sole arbitrator to decide disputes under a Partnership Agreement. The court directed the Section 9 application to be treated as a Section 14/17 application for provisional relief within 8 weeks and fixed a first meeting date.

What did the court decide?

Appointment of Mr. Ashish Kamath as Sole Arbitrator; direction to treat Section 9 application as Section 17; fixed meeting date of 09-09-2014.

Gangadhar Shivram Shetty and Ors. Vs Diwakar Narayan Shetty — Arbitration | Bombay HC (2014)

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arbap 175 of 14 (944).sxw

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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ARBITRATION APPLICATION NO.175 OF 2014

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Gangadhar Shivram Shetty & Ors.	…	Applicants
versus
Diwakar Narayan Shetty	…	Respondent

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WITH

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ARBITRATION PETITION (L) NO.580 OF 2014

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Gangadhar Shivram Shetty and Ors. versus	…	Petitioners
Diwakar Narayan Shetty & Anr	…	Respondents

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Mr. Roop Vasudeo i/by Mr. Amarendra Mishra, for Applicants. Mr. Atul Damle i/by Mr. R.R.Lanjekar, for Respondent No.1. Ms. Shilpa Kapil, for Respondent No.2.

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CORAM: S.J. KATHAWALLA, J.

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DATE: 3^rd SEPTEMBER, 2014

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P.C.:

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Heard the learned Advocates for the parties and by consent, the

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following order is passed :

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(i) Mr. Ashish Kamath, Advocate, is appointed as a Sole Arbitrator to decide the disputes arising out of the Partnership Agreement dated 11-032006.

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(ii) The learned Arbitrator shall endeavour to pass his Award within

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a period of six months from the date of the first meeting held between the

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1/2

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ssp

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arbap 175 of 14 (944).sxw

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parties.

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(iii) The Application filed under Section 9 of the Arbitration and Conciliation Act, 1996 (the Act), shall be treated by the learned Arbitrator as an Application under Section 17 of the Act. The same shall be disposed of by the learned Arbitrator within 8 weeks from the date of this order. The said Application shall not be pressed against Defendant No.2.

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(iv) The parties and their Advocates shall meet the learned Arbitrator

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in his Chambers on 09-09-2014 at 5.30 p.m. and obtain necessary directions.

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(v) The cost of Arbitration shall initially be borne by the parties

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equally.

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(vi) All contentions of the parties are kept open.

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(vii)The above Arbitration Application and the Arbitration Petition

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are accordingly disposed of.

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( S.J.KATHAWALLA, J. )

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2/2

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ssp

Gangadhar Shivram Shetty and Ors. v. Diwakar Narayan Shetty

Case brief

What is this about?

What did the court decide?

Gangadhar Shivram Shetty and Ors. v. Diwakar Narayan Shetty

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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