Allowed

Smt. Suvarna Anil Ghodke and Anr. v. Mr. Jagannath Balaji Ghodke and Ors.

Bombay HC2 Apr 2019ARA/10/2019

Case brief

AI extract

What is this about?

The High Court appointed Mr. Justice S.R. Sathe as sole arbitrator for a partnership dispute. The court set aside a prior district judge order, restricted cheque issuance by respondents, designated Mumbai as the venue, and ordered costs to be shared equally.

What did the court decide?

Appointed Mr. Justice S.R. Sathe as sole arbitrator; set aside District Judge order; restricted cheque issuance; appointed Mumbai as venue.

Smt. Suvarna Anil Ghodke and Anr. Vs Mr. Jagannath Balaji Ghodke… — Arbitration | Bombay HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO. 10 OF 2019

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Smt. Suvarna Anil Ghodke and another

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…
Appellants

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Versus

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Mr. Jagannath Balaji Ghodke and others

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…
Respondents

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WITH

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CIVIL APPLICATION NO. 5 OF 2019

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Mr. Zal Andhyarujina alongwith Mr. Mayur Khandeparkar, Mr. Parag Khandhar, Mr.
Sridhar Chari and Mr. Jahaan Dastur instructed by DSK Legal for the Appellants.
Mr. Pradeep Thorat for the Respondents.

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CORAM : S.J. KATHAWALLA, J. DATED : 2nd APRIL, 2019

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P.C.:

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1. Heard the Learned Advocates appearing for the parties and the following order is passed, by consent :

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(i)Mr. Justice S.R. Sathe, Former Judge of this Court, is appointed as the sole
Arbitrator to decide the disputes between the Appellant and Respondents arising out
of the Deed of Partnership dated 24th February, 2010.

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(ii)Mr. Justice S.R. Sathe, Former Judge of this Court, shall within a period of two
weeks from today forward 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 (Act No.3 of 2016) (the Act) to the Registrar

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(Judicial) and also handover copies of the same to the parties.

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(iii)The Order passed by the Learned District Judge dated 4th December, 2018 is
set aside. However, the Learned Arbitrator shall hear the Application filed before the
Learned District Judge, afresh and pass ad-interim and interim orders. The parties
may also file fresh Application/s before the Learned Arbitrator and seek ad-
interim/interim reliefs. The directions given by the Learned Arbitrator shall be
binding on the parties.

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(iv)The Learned Arbitrator shall hear and dispose off the Application seeking ad-
interim reliefs within a period of 15 days from today.

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(v)Respondent Nos.1 to 3 shall upto 20th April, 2019 not issue any cheques save
and except cheques pertaining to the statutory dues, payment to the workers and
urgent payments towards the day-to-day costs/expenses. The particulars of all the
cheques issued shall be provided to the Petitioner every day at 5.00 p.m.

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(vi)Parties shall appear before the Learned Arbitrator on 4th April, 2019 at 11.00

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a.m. alongwith their Advocates and obtain necessary directions.

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(vii)The Bank shall not act on any past instructions given by either of the parties not
to allow the operation of Account/s.

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(viii) If either party has any grievance/problem upto 20th April, 2019 i.e. until the

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Arbitrator decides the ad-interim Application, the parties are at liberty to move this
Court.

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(ix) Parties shall be at liberty to file fresh documents before the Learned Arbitrator

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which are currently not on record.

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(x) The venue of arbitration shall be at Mumbai.

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(xi) The cost of arbitration shall initially be borne by the parties equally.

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(xii) All contentions of the parties are kept open.

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(xiii) All concerned to act on an ordinary copy of this order duly authenticated by the Associate of this Court.

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2. The above Arbitration Appeal as well as Civil Application are accordingly disposed off.

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( S.J.KATHAWALLA, J. )

Smt. Suvarna Anil Ghodke and Anr. v. Mr. Jagannath Balaji Ghodke and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Suvarna Anil Ghodke and Anr. v. Mr. Jagannath Balaji Ghodke and 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

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