The High Court of Bombay, Commercial Division, disposed of the suit by consent on the mutual agreement of the parties to appoint a sole arbitrator for disputes arising from agreements between the plaintiff and defendant no. 1.
Appointment of sole arbitrator by consent; disposal of suit and notice of motion.
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comsl 108 of 2017 (911).sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION SUIT (L) NO.108 OF 2017 WITH
NOTICE OF MOTION (L) NO.107 OF 2017
Axis Bank Ltd.
…Plaintiff
versus
Suvidhaa Infoserve Pvt. Ltd. and Anr. ...Defendants
Mr. Shailesh Mendon with Mr. Lalan Gupta i/by M/s. Dhruve Liladhar and Co., for
Plaintiff.
Mr. N.H.Seervai, Senior Advocate with Mr. Sahil Kanuga i/by M/s. Nishith Desai
Associates, for Defendant No.1.
Mr. A.B.Avhad i/by Mr. Abhijeet N. Gosavi, for Defendant No.2.
CORAM: S.J. KATHAWALLA, J.
DATE: 13th APRIL, 2017
P.C.:
1. The learned Advocate for Defendant No.2 undertakes to file
Vakalatnama within one week from today. The undertaking is accepted.
2.Heard the learned Advocates appearing for the parties and the
following order is passed by consent :
(i)Mr. J.P.Sen, Senior Advocate is appointed as the sole Arbitrator to
decide the disputes between the parties arising out of all the Agreements executed by
and between the Plaintiff and Defendant No. 1.
(ii)The disclosure of Mr. J.P.Sen, Senior Advocate under Section 11 (8)
read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 is taken on
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record.
(iii)The parties shall appear before the learned Arbitrator in his chambers,
on 15th April, 2017 at 11.00 a.m. and obtain necessary directions.
(iv)The learned Arbitrator shall endeavour to pass his final Award within a
period of six months from the date of this order.
(v) All contentions of the parties on merits are kept open.
(vi) The cost of arbitration shall be borne by the Plaintiff and Defendant
No.1 equally.
(vii) The venue of Arbitration shall be at Mumbai.
(vii)In view of this order, the above Suit as well as Notice of Motion are
accordingly disposed of. Refund of Court Fees, if any, as per rules.
( S.J.KATHAWALLA, J. )
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3 issues framed by the court
How to appoint a sole arbitrator upon the mutual consent of the parties.
Whether the parties can agree to bear the cost of arbitration equally.
Whether the suit and notice of motion can be disposed of after referring the dispute to arbitration.
2 provisions across 1 enactments
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court