The Bombay High Court, in an arbitration petition, appointed a sole arbitrator by consent, fixed a date for parties to obtain directions, and converted the Section 9 application to a Section 17 application for interim relief.
Appointment of Mr. Naushad Engineer as Sole Arbitrator; Section 9 application treated as Section 17 application.
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.
arbp 952 of 2014 (921).sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO.952 OF 2014
Emnet Samsara Pvt. Ltd. … Petitioner
versus
Verve Compusoft Pvt. Ltd. … Respondent
Mr. Rohaan Cama with Mr. Vibinda C. Mohant i/by M/s. Mohanty and Associates, for Petitioner.
Mr. Prashant Pophale i/by M/s. India Law, for Respondent.
CORAM: S.J. KATHAWALLA, J.
DATE: 16th SEPTEMBER, 2014
P.C.:
following order is passed :
(i) Mr. Naushad Engineer, Advocate, is appointed as a Sole Arbitrator to decide the disputes between the parties arising out of Agreement dated 11-07-2011.
(ii) The learned Arbitrator shall endeavour to pass his Award within
a period of six months from the date of the first meeting held by him with the parties and their Advocates.
(iii) The parties and their Advocates shall meet the learned Arbitrator
in his Chambers on 19th September, 2014 at 5.30 p.m., and obtain necessary
directions in the matter.
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arbp 952 of 2014 (921).sxw
(iv) The Application filed under Section 9 of the Arbitration and Conciliation Act, 1996, shall now be treated by the learned Arbitrator as an Application under Section 17 of the Act. The learned Arbitrator shall dispose of the interim application within a period of 8 weeks after giving an opportunity to the parties to complete their pleadings.
( S.J.KATHAWALLA, J. )
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1 issue framed by the court
Whether the application under Section 9 shall be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996.
2 provisions across 1 enactments
Emnet Samsara Pvt. Ltd.
Verve Compusoft Pvt. Ltd.
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
