Disposed

Sharad D Muni and Co. v. Capacite Infraprojects Limited

Bombay HC18 Dec 2023ARBAP/156/2023

Case brief

AI extract

What is this about?

In an arbitration application, the High Court of Bombay appointed Mr. Atul Daga as the sole arbitrator to adjudicate disputes arising from multiple purchase orders between the applicant and respondent, following their mutual consent.

What did the court decide?

Appointment of Mr. Atul Daga as Sole Arbitrator adjudicating disputes under purchase orders Exhibits A-1 to A-19.

Sharad D Muni and Co. Vs Capacite Infraprojects Limited — Arbitration | Bombay HC (2023)

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36-OSARBAP-156-2023.DOC

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Talwalkar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 156 OF 2023

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Sharad D Muni & Co…Applicant
Versus
Capacite Infraprojects Ltd…Respondent

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Mr Nilesh Modi, with BN Jadhav, i/b, Rustamji & Ginwala, for the
Applicant.
Mr Vijeet Trivedi, i/b Ganesh & Co, for the Respondent.

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CORAM Kamal Khata, J. DATED: 18th December 2023

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PC:-

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1. This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 ( “Arbitration Act” ) seeking appointment of a Sole Arbitrator as prayed for in prayer clause (a) of this application.

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2.The Arbitration clause in the Purchase Order dated 26th
September 2019 is at page 63 (Exh. A-1). The other Purchase
Orders are annexed at Exhibits A-1 to A-19 to the Application. The
claim is under these purchase orders.

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3. After hearing both Advocates, I pass the following order:

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ARUNA SANDEEP TALWALKAR

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Digitally signed by ARUNA SANDEEP TALWALKAR Date: 2023.12.22 11:33:48 +0530

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Page 1 of 2
18th December 2023

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36-OSARBAP-156-2023.DOC

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i.Mr. Atul Daga, Advocate, is appointed (by consent) as Sole Arbitrator to adjudicate the disputes between the parties with regards to the Purchase orders annexed at Exhibits A-1 to A- 19.

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ii.The learned Arbitrator is requested to file his disclosure statement under Section 11(8) and Section 12(1) of the Arbitration Act within four weeks with the Prothonotary and Senior Master and provide copies to the parties.

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iii.Parties to appear before the Sole Arbitrator on a date to be fixed by him at his earliest convenience. This preliminary meeting may be held via Video Conference.

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iv.Fees payable to the Sole Arbitrator will be in accordance with the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.

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v.Arbitration Application is disposed in the above terms. vi.No order as to costs.

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vii.Office to notify the Arbitrator about his appointment.

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(Kamal Khata, J)

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Page 2 of 2
18th December 2023

Sharad D Muni and Co. v. Capacite Infraprojects Limited

Case brief

What is this about?

What did the court decide?

Sharad D Muni and Co. v. Capacite Infraprojects Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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