The Court accepted the parties' agreed consent to refer all disputes under the suit to sole arbitration, appointing Ms. Prathamesh Kamat as the arbitrator and directing the disposal of the commercial summary suit.
Appointment of Sole Arbitrator; disposal of suit and summons for judgment.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION
SUMMONS FOR JUDGMENT NO.56 OF 2019
IN
COMMERCIAL SUMMARY SUIT NO.344 OF 2019
Hermes Ship Management Pvt. Ltd. .. Plaintiff v/s. Euro Marine Shipping Services Pvt.Ltd. .. Defendant
Ms. Bharati Narichania i/b. Vibha Juris Consultant Co. for the plaintiff. Mr. Kunal Vaishnav a/w Prerna Verma a/w Jitendra C. i/b. Sapana Rachure for the defendant.
CORAM : A. K. MENON, J. DATED : 9TH JUNE, 2022.
P.C. :
Digitally signed bySANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:2022.06.10 17:12:53 +0530
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(ii) The learned Arbitrator is requested to file his disclosure statement under Section 11(8) and Section 12(1) within four weeks with the Prothonotary and Senior Master and provide copies to the parties.
(v) It is made clear that costs shall be shared equally in the first instance.
(vi) All the rights and contentions of the parties are kept open that this court has not examined the merits of the case.
(vii) It will be open to the plaintiff to adjudicate all its claims before the tribunal.
(viii) Suit is disposed in the above terms.
(xi) All concerned to act on an authenticated copy of this order.
(A. K. MENON, J.)
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1 issue framed by the court
Whether the parties could refer their dispute arising under Order XXXVII Rule 2 CPC to sole arbitration by consent.
3 provisions across 3 enactments
A. K. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
