Allowed

Johnson and Wyman Public Relation Pvt. Ltd. v. Brajesh Construction Pvt. Ltd. and Another

Bombay HC10 Sept 2014ARBAP/49/2014

Case brief

AI extract

What is this about?

The High Court at Bombay, by consent, appointed an arbitrator for disputes between Johnson and Wyman Public Relation Pvt. Ltd. and Brajesh Construction Pvt. Ltd. under Section 11 of the Arbitration and Conciliation Act, 1996, following an application and a Section 9 petition. Directions were given for the timeline and costs.

What did the court decide?

Appointment of Mr. Shailesh Shah as Sole Arbitrator; conversion of Section 9 petition to Section 11; disposal of application and petition.

Johnson and Wyman Public Relation Pvt. Ltd. Vs Brajesh… — Arbitration | Bombay HC (2014)

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arbap 49 of 2014 (937).sxw

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

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ARBITRATION APPLICATION NO.49 OF 2014

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Johnson and Wyman Public Relation Pvt. Ltd.

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… Applicant

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versus Brajesh Construction Pvt. Ltd. and Anr. … Respondents

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WITH

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ARBITRATION PETITION NO.705 OF 2013

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Johnson and Wyman Public Relation Pvt. Ltd.

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… Petitioner

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versus

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Brajesh Construction Pvt. Ltd. and Anr. … Respondents

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Mr. Rohaan Cama with Mr. G. Mohanty i/by M/s. Mohanty and Associates, for Applicant.

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Mr. Vijay Nair i/by Mr. Prashant Kulkarni, for Respondent No.1.

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CORAM: S.J. KATHAWALLA, J.

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DATE: 10^th SEPTEMBER, 2014

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P.C.:

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Heard the learned Advocates for the parties. The following order

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is passed by consent :

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(i) The above Application under Section 11 of the Arbitration and

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Conciliation Act, 1996 is allowed in terms of prayer clause (a), which reads as under :

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“(a) that this Hon'ble Court be pleased to appoint a fit and proper person as this Hon'ble Court deem fit and proper as

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1/2

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ssp

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arbap 49 of 2014 (937).sxw

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Sole Arbitrator for reference of disputes between the Applicant and the Respondents as provided by Clause 38 of the Agreement dated 25^th October, 2011 (Exhibit B hereto)”.

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(ii) Mr. Shailesh Shah, Senior Advocate, is appointed as Sole Arbitrator to decide the disputes between the parties.

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(iii) The Arbitrator shall endeavour to pass his award within a period of six months from the date of the first meeting held before him by the Advocates and the parties.

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(iv) The Petition filed before this Court under Section 9 of the Arbitration and Conciliation Act, 1996 shall be converted into a Petition under Section 17 of the Act and shall be decided by the learned Arbitrator within eight weeks from the date of the first meeting held before him by the parties.

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(v) The parties and their Advocates shall meet the learned Arbitrator in his Chamber on 15-09-2014 at 5.30 p.m., and obtain necessary directions.

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(vi) The cost of the Arbitration shall initially be borne by the parties equally.

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

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(viii)The above Arbitration Application as well as 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

Johnson and Wyman Public Relation Pvt. Ltd. v. Brajesh Construction Pvt. Ltd. and Another

Case brief

What is this about?

What did the court decide?

Johnson and Wyman Public Relation Pvt. Ltd. v. Brajesh Construction Pvt. Ltd. and Another

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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