The Bombay High Court, upon mutual agreement of parties, appointed Mr. Vishal Narichania as sole arbitrator for disputes arising from a Training Agreement. The court recorded disclosure, fixed venue, timeline, and assigned initial costs equally.
Appointment of Mr. Vishal Narichania as sole Arbitrator; directions issued for venue, timeline, and disclosure.
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.
arbap 97 of 2017 (603).sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.97 OF 2017
Taj Air Ltd.
… ApplicantVersus
Vikram Rishipal Ruhil
...
Respondent
Mr. S. Anchan, for Applicant.
Mr. Jacob Kadantot, for Respondent.
CORAM: S.J. KATHAWALLA, J. DATE: 27th APRIL, 2018
P.C.:
1. On 26th April, 2018 this Court passed the following order :
“1.Heard the learned Advocates appearing for the parties. Both the
parties agree that there exists an arbitration agreement between the parties
and the Court may proceed to appoint a sole Arbitrator to decide the
disputes between the Applicant and Respondent arising out of the Training
Agreement dated 7th September, 2015. In view thereof, I pass the following
order :
(i)The Court proposes to appoint Mr. Vishal Narichania,
Advocate, as the sole Arbitrator to decide the disputes between the
Applicant and Respondent arising out of the Training Agreement dated 7th
September, 2015.
(ii) Mr. Vishal Narichania, Advocate shall submit his disclosure
under Section 11 (8) read with Section 12 (1) of the Arbitration and
Conciliation Act, 1996 as amended by the Arbitration and Conciliation
(Amendment) Act, 2015 (3 of 2016) on or before 27thApril, 2018.
(iii)Stand over to 27thApril, 2018.
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arbap 97 of 2017 (603).sxw
2.Today, the disclosure of Mr. Vishal Narichania, Advocate, under Section
11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996, as
amended by the Arbitration and Conciliation (Amendment) Act, 2015, is tendered in
Court and the same is taken on record.
3.The Advocate for the parties state that they have gone through the said
disclosure and have no objection to the same. In view thereof, the following order is
passed by consent :
i.Mr. Vishal Narichania, Advocate, is appointed as the sole Arbitrator to
decide the disputes between the Applicant and Respondent arising out of the Training
Agreement dated 7th September, 2015.
ii.The parties and / or their Advocates shall appear before the learned
Arbitrator in his chambers on 28th April, 2018 at 11.00 a.m. and obtain necessary
directions.
ii.The learned Arbitrator shall endavour to pass his final Award within a
period of six months from today.
iv.The learned Arbitrator shall not grant any adjournment to either side unless
absolutely necessary.
v. All contentions of the parties are kept open.vi.The cost of arbitration shall initially be borne by the parties equally.
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arbap 97 of 2017 (603).sxw
vii. The venue of the arbitration shall be at Mumbai.4. In view of this order, the above Arbitration Application is disposed off.
( S.J.KATHAWALLA, J. )
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1 issue framed by the court
Whether the Court may appoint a sole arbitrator upon mutual agreement of parties to an arbitration agreement.
2 provisions across 2 enactments
Taj Air Ltd.
Vikram Rishipal Ruhil
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court