Disposed

Cholamandalam Investment and Finance Copany Ltd. v. M/S. Vistar Metal Industries Private Limited and 2 Ors.

Bombay HC15 Nov 2017CARBP/240/2017

Case brief

AI extract

What is this about?

Petitioner sought vacation of an ad-interim order and disposal of the petition with liberty to commence arbitration. The court appointed a ret. judge as sole arbitrator, ordered equal sharing of fees, and directed the arbitrator to make disclosures as per the Arbitration Act within four weeks.

What did the court decide?

Appointment of retired District Judge as sole arbitrator; vacation of order dated 8th November 2017; liberty to commence arbitration.

Cholamandalam Investment and Finance Copany Ltd. Vs M/S. Vistar… — Arbitration | Bombay HC (2017)

¶1

50.CARBP-240-2017.doc

¶2

1/2

¶3

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

¶4

COMMERCIAL ARBITRATION PETITION NO.240 OF 2017

¶5

Cholamandalam Investment & Finance Co. Ltd. ….Petitioner

¶6

Vs.

¶7

M/s. Vistar Metal Industries Pvt. Ltd. & Ors. ....Respondents

¶8

Mr. Vivek Patil i/b. Vivek Patil and Associates for petitioner. Mr. Rohan Sawant a/w. Ms. Deepika Oswal i/b. Navdeep Vora Associates for respondent nos.1 to 3.

¶9

CORAM : K.R.SHRIRAM, J. DATE : 15^th NOVEMBER, 2017

¶10

P.C.:

¶11

1 Mr. Patil, counsel for petitioner states that ad-interim order

¶12

granted on 8^th November, 2017 be vacated and petition be disposed with liberty to commence arbitration proceedings and move under Section17 of

¶13

the Arbitration and Conciliation Act, 1996 for appropriate orders.

¶14

Mr. Sawant has no objection.

¶15

2 The order dated 8^th November, 2017 stands vacated.

¶16

3 By consent, Mr. P. Ganesan, District Judge (retired), residing at

¶17

778, Dr. Ambedkar Salai, Kahithapuram (Judge Colony), S. Kolathur, Chennai – 600 117, is appointed as Sole Arbitrator to arbitrate on all disputes and differences, including counter claim, if any, between the parties arising out of or in connection with or relating to Purchase Bill Discounting Agreement dated 16^th April, 2016.

¶18

Gauri Gaekwad

¶19

50.CARBP-240-2017.doc

¶20

2/2

¶21

4 The fees of the Arbitrator, administrative expenses, typing charges and venue charges to be shared equally between the parties, i.e., 50% by petitioner and 50% by respondents and the same shall be subject to cost in the arbitral proceedings.

¶22

5 The Arbitrator to communicate to the Advocate for petitioner with copy to respondents the disclosures as required under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 within four weeks of receiving a copy of this order from petitioner's Advocates or respondents' Advocates.

¶23

6 Liberty to apply.

¶24

7 Petition accordingly stands disposed with liberty as sought.

¶25

Gauri Gaekwad

Cholamandalam Investment and Finance Copany Ltd. v. M/S. Vistar Metal Industries Private Limited and 2 Ors.

Case brief

What is this about?

What did the court decide?

Cholamandalam Investment and Finance Copany Ltd. v. M/S. Vistar Metal Industries Private Limited and 2 Ors.

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

Similar cases

Adil Faramroz Patrawala Vs Reliance Capital Ltd. and 8 Others

Toyota Lokozy Auto Pvt. Ltd. Vs Shakuntala Jamb

Bizworld International Investment Securities Company Pvt. Ltd. Vs Mathuresh Infrapro Pvt. Ltd. Cin U45400MH2011PTC215269

Rahul Ratnakumar Jadhav and Anr. Vs Phadnis Propertieis Limited and Ors.

Tata Aia Lifer Insurance Company Ltd. Vs Rajesh Gurbux Chugh and 6 Others

Bhoomi Associates Vs New Vandana Co-Operative Housing Society Ltd. and 2 Ors.