Single judge disposed of a company petition by referring the disputes between the petitioner and respondent to sole arbitration, directing a deposit and stating timeline for the award.
Dispute referred to sole arbitration of Mr. Nimay Dave; Respondent to deposit Rs. 5,00,000/-.
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.
cp 187 of 2014 (939).sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY PETITION NO.187 OF 2014
Kaushik Trivedi … Petitioner
versus
M/s. SDI Techservices India Pvt. Ltd. … Respondent
Ms. Jaymala Raut, for Petitioner.
MR. Amit Jamsandekar with MR. Anush Agarwal i/by M/s. Khaitan and Co., for Respondent.
CORAM: S.J. KATHAWALLA, J.
DATE: 9th FEBRUARY, 2015
P.C .
following order is passed :
(i) The Respondent Company undertakes to deposit on or before 2002-2015 an amount of Rs.5,00,000/- with the Prothonotary and Senior Master of this Court. Upon deposit of the said amount, the Prothonotary and Senior Master shall invest the said amount in a fixed deposit of a Nationalized Bank initially for a period of six months from the date of this order and renew the same from time to time.
(ii) The disputes between the parties which are the subject matter of
the above Company Petition are referred to the sole arbitration of Mr. Nimay
Dave, Advocate.
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(iii) The learned Arbitrator shall pass his Award within a period of 12
weeks from the date of this order and shall not grant adjournments to the parties unless absolutely necessary.
(iv) The parties and their Advocates shall meet the learned Arbitrator on 12th February, 2015 at 5.30 p.m., in his Chambers and obtain necessary directions in the matter.
(v) An amount of Rs.5,00,000/- deposited by the Respondent shall be disbursed by the Prothonotary and Senior Master of this Court as per the final orders passed in the arbitration proceedings.
(vi) The cost of arbitration shall initially be borne by the parties equally.
(vii)All contentions of the parties are kept open.
(viii)The venue of Arbitration shall be at Mumbai.
(ix) The Company Petition is accordingly disposed of.
( S.J.KATHAWALLA, J. )
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2 issues framed by the court
Modus Operandi for dispute resolution between the parties via sole arbitration.
Financial security and cost allocation for the pending arbitration proceedings.
Kaushik Trivedi
M/s. SDI Techservices India Pvt. Ltd.
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
