Dismissed

Hemant G. Mehta v. Ravindra G. Mehta and Harit R. Mehta

Bombay HC24 Sept 2014ARBP/1347/2012

Case brief

AI extract

What is this about?

The High Court of Bombay dismissed the arbitration application and petition, appointing a Sole Arbitrator to decide disputes under a Partnership Agreement. The court treated the Section 9 application as a Section 17 application and set procedural timelines.

What did the court decide?

Appointment of Mr. Nitin Thakkar as Sole Arbitrator; venue at Mumbai; eight-week deadline for Section 17 application disposal.

Hemant G. Mehta Vs Ravindra G. Mehta and Harit R. Mehta — Specific Performance | Bombay HC (2014)

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arbap 96 of 2013 (935).sxw

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

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ARBITRATION APPLICATION NO.96 OF 2013

Hemant G. Mehta

… Applicant

versus

Ravindra G. Mehta and Anr. … Respondents

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WITH

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ARBITRATION PETITION NO.1347 OF 2012

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Hemant G. Mehta … Petitioner versus Ravindra G. Mehta and Anr. … Respondents

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Mr. Aniket Nikam with Mr. P. Joshi i/by Ms. Ashvini Takalkar, for Applicant and Petitioner. Mr. Parag Shah i/by M/s. Mahesh Shah and Co., for Plaintiff in Suit. Mr. Amit Jamsandekar i/by M/s. Kanga and Co., for Respondents.

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CORAM: S.J. KATHAWALLA, J.

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DATE: 24^th 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. Nitin Thakkar, Senior Advocate, is appointed a Sole Arbitrator to decide the disputes which have arisen between the parties in respect of Partnership Agreement dated 01-04-2005 and the Deed of Addendum dated 07-04-2006.

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

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1/2

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ssp

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arbap 96 of 2013 (935).sxw

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a period of six months from the date of the first meeting held by him with the

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parties and their Advocates.

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(iii) The parties and their Advocates shall meet the learned Arbitrator on 6^th October, 2014 at 5.30 p.m., in his Chambers and obtain necessary directions in the matter.

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(iv) 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 the first meeting held with the parties by the learned Arbitrator.

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

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equally.

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(vi) The venue of the Arbitration shall be at Mumbai.

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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

Hemant G. Mehta v. Ravindra G. Mehta and Harit R. Mehta

Case brief

What is this about?

What did the court decide?

Hemant G. Mehta v. Ravindra G. Mehta and Harit R. Mehta

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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