Allowed

Belectric Photovoltaic India Private Limited v. Rm Controls Private Limited

Bombay HC29 Jun 2022ARBAP/102/2022

Case brief

AI extract

What is this about?

In cross applications under Section 11 of the Arbitration Act, 1996, the Bombay High Court appointed Mr. Nirman Sharma as sole arbitrator to adjudicate disputes under a Term Sheet for supply of 800 V LT Panels, allowing both petitions.

What did the court decide?

Appointment of Mr. Nirman Sharma as sole arbitrator and direction to comply with disclosure requirements.

Belectric Photovoltaic India Private Limited Vs Rm Controls… — Arbitration | Bombay HC (2022)

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906-carapl 9449-22.odt

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PRAJAKTA Digitally signedby PRAJAKTA SAGAR SAGAR VARTAK VARTAK Date: 2022.06.2918:42:04 +0530 Prajakta Vartak

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

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COMMERCIAL ARBITRATION APPLICATION (L.) NO. 9449 OF 2022

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RM Controls Pvt. Ltd...Applicant

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Vs.

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Belectric Photovoltaic India Pvt. Ltd...Respondent

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AND

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ARBITRATION APPLICATION NO. 102 OF 2022 (Not on board. Taken on board.)

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Belectric Photovoltaic India Pvt. Ltd...Applicant
Vs.
RM Controls Pvt. Ltd...Respondent
-----

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Mr. Malhar Zatakia with Mr. Paras Oza i/b. Mr. S. Venkateshwar for
Applicant.

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Mr. Rehmat Lokhandwalla i/b. Pan India Legal Services LLP for
Respondent.

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CORAM :G.S. KULKARNI, J.
DATE :JUNE 29, 2022.

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P.C.:

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1.These are the cross applications filed under Section 11 of the
Arbitration and Conciliation Act, 1996 (for short, “the Act”) whereby the
parties are before the Court praying that the disputes and the differences
which have arisen between the parties under a Term Sheet for supply of
800 V LT Panels dated 07 July, 2020 be referred for adjudication by
appointing an arbitral tribunal. Thus, there is claim or counter-claim
depending on who is the first party raising the dispute. The arbitration
agreement is contained in clause 11 of the agreement in question.

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2. The parties are agreeable that a sole arbitrator be appointed to

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2 906-carapl 9449-22.odt

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adjudicate the disputes and differences between the parties. The
arbitration agreement provides that the arbitration proceedings take
place at Mumbai. This Court also would have jurisdiction to entertain
this application. Both the parties are before the Court. There is no
dispute on the invocation of the arbitration agreement by the parties
against each other. The applications are hence required to be allowed.

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3. The applications are accordingly allowed by the following order:- ORDER

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(i)Mr. Nirman Sharma, Advocate of this Court, is appointed as a sole
Arbitrator to arbitrate the disputes and differences between the parties
under the Term Sheet for supply of 800 V LT Panels dated 07 July, 2020.
(ii)The learned prospective sole arbitrator, before entering the
reference, shall forward a statement of disclosure as per the requirement
of Section 11(8) read with Section 12(1) of the Arbitration and
Conciliation Act, 1996, to the Prothonotary & Senior Master of this
Court, to be placed on record of these applications with a copy to be
forwarded to both the parties;

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(iii)The fees payable to the arbitral tribunal shall be as prescribed
under the Bombay High Court (Fees Payable to Arbitrators) Rules, 2018.
(iv)At the first instance, the parties shall appear before the
prospective arbitrator within 10 days from today on a date which may
be mutually fixed by the prospective sole arbitrator;

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(v)All contentions of the parties are expressly kept open;

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(vi)The applications are disposed of in the above terms. No costs.

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(viii)Office to forward a copy of this order to the learned Arbitrator on
the following address:

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“Address:10, Commerce House, Off. Nagindas Master Road,
Mumbai – 400 001.
C/o. Chambers of Sharan Jagtiani, Senior Advocate

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906-carapl 9449-22.odt

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Ground Floor, Oval House, Off. Nagindas Master Road
Mumbai – 400 001.

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Mobile No.9819932498

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E-mail ID [email protected]”.

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[G.S. KULKARNI, J.]

Belectric Photovoltaic India Private Limited v. Rm Controls Private Limited

Case brief

What is this about?

What did the court decide?

Belectric Photovoltaic India Private Limited v. Rm Controls Private 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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