Single bench order disposing of an arbitration application. The court directed the appointment of the sole arbitrator.
Appointment of sole arbitrator confirmed; fees and expenses shared equally; prior respondent costs to be claimed; fresh statements allowed.
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.
903-ARBAP-7202014.DOC
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 72 OF 2014
Hikal Limited…Applicants
Versus
Leasing IQ (India) Pvt. Ltd.…Respondents
Mr. Subhash Jha, i/b M/s. Law Global, for the Applicants.
Mr. P.A.Sarwankar, M/s. Sarwankar & Co., for the Respondents.
CORAM: G.S. PATEL, J DATED: July 17, 2014
PC:-
1.Parties are agreed that their disputes will be referred to the
sole arbitration of Shri S.R.Shah, former Judge of the City Civil and
Sessions Court, Mumbai.
2. The Respondent has already incurred some expenses in
filing a claim and at several hearings before an earlier sole arbitrator.
The Respondent shall be entitled to submit before the learned Sole
Arbitrator now appointed that it is entitled to recover those costs
from the Petitioner, and this shall be considered by the learned Sole
Arbitrator at the time of the final award.
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903-ARBAP-7202014.DOC
3. Both the Respondents and he Petitioner shall be entitled to file their fresh statement of claims and responses before the learned sole Arbitrator now appointed.
4. Fees of the learned sole Arbitrator and all expenses shall be shared equally. Parties to approach the learned sole Arbitrator for a suitable date for preliminary directions.
5. Arbitration Application is disposed of in these terms.
(G. S. PATEL, J.)
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Hikal Limited
Leasing IQ (India) Pvt. Ltd.
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court