Court order appointing a new sole arbitrator to replace a recused one upon joint request of counsel in two commercial arbitration applications.
Appointment of Mr. Sarosh Bharucha as Sole Arbitrator to replace Mr. Yogesh Deshpande.
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.
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31.carap.102.2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARITRATION APPLICATION NO. 102 OF 2017
Ravee Botalje & Anr. .. Applicants Vs. Krishna Sai Dev. Corpn. & Ors. .. Respondents
WITH
COMMERCIAL ARITRATION APPLICATION NO. 144 OF 2017
Shree Krishna Sai Development Corporation .. Applicant Vs. Young Men's Progressive Co-op. Soc. Ltd. & Ors. .. Respondents
Mr.Yuvraj P. Narvankar for applicant in CARAP/102/2017 and for respondent in CARAP/144/2017.
Ms.Aparna Deokar i/b M.P. Vashi and Associates for respondent in CARAP/102/2017 and for applicant in CARAP/144/2017.
CORAM : K.R.SHRIRAM, J. DATE : 24TH NOVEMBER 2017
P.C.
1 By consent, Commercial Arbitration Application No. 144 of 2017, though not listed on board today, taken up for hearing.
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Shraddha Talekar PS
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Arbitrator, who has recused himself, with a new Arbitrator. In effect, both counsel state that the Court has to only replace the name of the earlier Arbitrator Mr.Yogesh Deshpande, referred to in Paragraphs 1 and 3 of the consent terms which was taken on record on 7th March 2017 and appoint Mr. Sarosh Bharucha, an Advocate as Sole Arbitrator in his place.
3 Accordingly, Mr.Sarosh Bharucha, an Advocate practicing in this Court, having office at 201-202, Savla Chambers, 40, Cawasji Patel Street, Fort, Mumbai 400 001, Telephone No. 2282 6518, 2281 0583/84/87, 33640175, Mobile No. 9821034806, Email Id : [email protected] in place of Mr. Yogesh Deshpande.
It is clarified that rest of the order as recorded in the consent Minutes of the Order taken on record on 7th March 2017 remains unaltered.
4 Within three weeks of receiving a communication from the advocate for petitioner and/or respondent, the Arbitrator shall give in writing, to directly to parties disclosure as required under Section (11)(8) read with Section 12(1) of the said Act.
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applicant that applicant shall pay the fees and expenses that is outstanding of the earlier Arbitrator within two weeks.
(K.R. SHRIRAM, J.)
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Shraddha Talekar PS
Ravee Botalje & Anr.
Krishna Sai Dev. Corpn. & Ors.
Shree Krishna Sai Development Corporation
Young Men's Progressive Co-op. Soc. Ltd. & Ors.
K.R. SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
