Appointment of sole arbitrator Shri Justice S.R. Sathe at the instance of both parties in an arbitration petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996. The petition stands disposed of after both counsels agreed on the arbitrator.
Appointment of Shri Justice S.R. Sathe (Retd.) as the Sole Arbitrator; Petition disposed.
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5 ARP.22.15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
ARBITRATION PETITION NO. 22 OF 2015
M/s. Sai Developers .. Petitioner
Vs.
Shivaji Kale .. Respondent
Mr. Nikhil Wadikar for the Petitioner.
Mr. Madhav Jamdar for the Respondent.
CORAM : A.A. SAYED, J. DATED : 7 MAY 2015
P.C.
1 This Arbitration Petition is filed under Section 11 (5) of the Arbitration and Conciliation Act, 1996 for appointment of Sole Arbitrator.
2 Learned Counsel for the parties are agreed that Shri Justice S.R. Sathe, former Judge of this Court, be appointed as Sole Arbitrator. In the circumstances, the following order is passed :
and differences between the parties under Arbitration and Conciliation Act, 1996.
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5 ARP.22.15.doc
ii) Registry shall communicate a copy of this order to Shri Justice S.R. Sathe (Retd.) along with a memorandum of address of the parties.
(A.A. SAYED, J.)
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3 issues framed by the court
Whether an arbitrator needs to be appointed under Section 11(5) of the Arbitration and Conciliation Act, 1996 when both parties have agreed upon the appointment.
Whether the learned counsel’s agreement on the appointment of the arbitrator renders the petition maintainable.
How the court should dispose of the arbitration petition in the presence of mutual agreement on the arbitrator.
1 provisions across 1 enactments
M/s. Sai Developers
Shivaji Kale
A.A. Sayed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
