In an arbitration application invoking a clause in a partnership agreement dated 2013, the court appointed a sole arbitrator as previous Justice Hardas and disposed of the application.
Appointment of previous Justice P.V. Hardas as sole arbitrator; appearance before him on 30.07.2021.
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.
arba0420.odt
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
ARBITRATION APPLICATION NO.04 OF 2020
Vishwanath s/o Kisanrao Gupte
Applicant
Versus
Varsha Yogiraj Pande & others
Respondents
Mr. Sachin B. Solanke, advocte with Mr.Satish .D.Bhosale, advocate for the applicant.
Mr.Shaikh Ashraf Patel, advocate for Respondent No.2.
CORAM : AVINASH G. GHAROTE, J.
DATE : 16th July, 2021.
PC :
1 Mr Solanke, learned Counsel for the applicant, points out the arbitration clause no.18, at page 22, in the agreement of partnership dated 16.01.2013 and the notice dated 06.01.2020, invoking the arbitration clause.
2 Mr.Shaikh. Ashraf Patel, appearing for Respondent No.2, does not dispute the arbitration clause. However, none appears for Respondents No.1 and 3, though the record indicates that they have been served.
{2} arba0420.odt
3 In view of arbitration clause 18 and notice invoking the same, the Hon’ble Shri Justice P.V.Hardas, Former Judge of this Court is, appointed as sole-Arbitrator. The parties shall appear before the learned Arbitrator on 30th July, 2021. The fees of the learned Arbitrator shall be as per the Schedule.
4 The application, accordingly, stands disposed of.
(AVINASH G. GHAROTE) JUDGE
adb
1 issue framed by the court
Whether the application invoking the arbitration clause is admissible and requires appointment of an arbitrator.
Vishwanath s/o Kisanrao Gupte
Varsha Yogiraj Pande
Avinash G. Gharote
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
