Disposed

Kanchan Motors Thr. Its Prop. Nishant Bhutada (Huf) and Anr. v. Tata Capital Financial Services Limited

Bombay HC2 Apr 2019ARP/108/2018

Case brief

AI extract

What is this about?

This court passed an order by consent in an arbitration petition, appointing a new sole arbitrator and prescribing terms for the continuation of the reference, including venue, costs, timeline for award, and procedural directions.

What did the court decide?

Appointed Mr. Rohan Rajadhyaksh as sole arbitrator; proceedings to continue from where earlier arbitrator stopped; final award within six months.

Kanchan Motors Thr. Its Prop. Nishant Bhutada (Huf) and Anr. Vs… — Arbitration | Bombay HC (2019)

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ssp 933 arp 108 of 2018.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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ARBITRATION PETITION NO.108 OF 2018

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Kanchan Motors and Ors.

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…Petitioners

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versus

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Tata Capital Financial Services Ltd.

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…
Respondent

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Mr. Avinash H. Fatangare, for Petitioner.

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Mr. Biswadeep Chakravarty with Ms. Manasi Kalvit I/by Mr. Mahernosh J.
Humranwala, for Respondent.

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CORAM: S.J. KATHAWALLA, J.

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DATE: 2nd APRIL, 2019

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P.C.:

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1.Heard the learned Advocates appearing for the parties. The learned
Advocate for the Respondent has taken instructions from Mr. Pralhad Kale and Ms.
Leena Desai, Officials of the Respondent Company and thereafter, the following order
is passed by consent :

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(i)Mr. Rohan Rajadhyaksh, Advocate is appointed as the sole Arbitrator to

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decide the disputes between the parties arising out of the Channel Finance Agreement
dated 11th November, 2016 and Deed of Guarantee dated 11th November, 2016.

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(ii)The disclosure of Mr. Rohan Rajadhyaksh, Advocate under Section 11

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(8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 as amended

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by the Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016) is taken on
record.

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1/2

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ssp 933 arp 108 of 2018.doc

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(iii)The venue of Arbitration shall be at Mumbai.

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

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(v) The parties and/or their Advocates shall appear before the learned

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Arbitrator in his chambers, on 5th April, 2019 at 5.00 p.m. and obtain necessary

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directions.

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(vi)The learned Arbitrator shall proceed with the Arbitration Proceedings
from where the earlier Arbitrator has stopped.

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

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(viii) The learned Arbitrator shall not grant adjournments to the parties
unless absolutely necessary.

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(ix)The learned Arbitrator shall endeavour to pass his final Award within a
period of six months from the date of this order.

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(x) The above Arbitration Petition is accordingly disposed of.

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( S.J.KATHAWALLA, J. )

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Kanchan Motors Thr. Its Prop. Nishant Bhutada (Huf) and Anr. v. Tata Capital Financial Services Limited

Case brief

What is this about?

What did the court decide?

Kanchan Motors Thr. Its Prop. Nishant Bhutada (Huf) and Anr. v. Tata Capital Financial Services Limited

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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