Allowed

Krantiveer Vasantrao Narayanrao Naik Shikshan Prarak Sanstha Thr.Its Prop.Mr.Pandharinath K. Thore v. M/S. Namarta Adversiting Thr. Its Prop. Mr. Vijay Sandurao Deshmukh and Another

Bombay HC19 Apr 2023ARP/4/2023

Case brief

AI extract

What is this about?

In this arbitration petition, the court appointed Mr. S. C. Magare, retired District Judge, as the sole arbitrator to resolve disputes between the petitioner and respondent, following their failure to mutually agree on a name under Section 11 of the Arbitration and Conciliation Act, 1996.

What did the court decide?

Appointment of Mr. S. C. Magare, retired District Judge, as the sole arbitrator.

Krantiveer Vasantrao Narayanrao Naik Shikshan Prarak Sanstha… — Arbitration | Bombay HC (2023)

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909_ARP_4_23.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 4 OF 2023

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Krantiveer Vasantrao Narayanrao Naik Shikshan Prasarak Sanstha, Through President: Pandharinath Karbhai Thore … Petitioner vs.

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M/s. Namrata Advertising, Through proprietor: Vijay Sandurao Deshmukh & anr. … Respondents

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Mr. Anuj Tiwari for petitioner.

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Mr. Akshay H. Bankapur for respondent.

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CORAM : MANISH PITALE, J DATE : 19^th APRIL, 2023

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P.C. :

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. By this petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, the petitioner is seeking appointment of arbitrator for resolution of disputes between the parties. The arbitration clause is found in an agreement dated 3^rd March, 2011 executed between the parties.

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In the first instance, the respondents issued notice dated 29^th June, 2018, invoking the arbitration clause. The petitioner responded and suggested a name for appointment of arbitrator. Thereafter, there was exchange of communications between the parties, but there was no agreement on the name of the sole arbitrator. In this backdrop, the present petition is filed.

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The respondents have appeared through counsel. The learned counsel for the parties submit, on instructions, that the parties are agreeable to the

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909_ARP_4_23.doc

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appointment of Mr. S. C. Magare, retired District Judge as the sole arbitrator for resolution of disputes between the parties.

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Accordingly, Mr. S. C. Magare, retired District Judge, is appointed as the sole arbitrator. The details of the learned arbitrator are as follows:

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Flat No.2, 1^st floor, ‘Revati Lifestyle’, Opp. Canara Bank, Near Vavshya Ganpati Temple, Gangapur Road, Anandwalli, Nashik-422013 Mob. No.: 9421 523978 E-mail: [email protected]

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The parties undertake to inform the learned arbitrator about the order passed today, at the earliest.

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The learned arbitrator is requested to submit his consent and disclosure statement in terms of Sections 11(8) and 12(1) of the aforesaid Act within four weeks from today to the Registrar (Judicial) of this Court. The fees of the learned arbitrator shall be as per the Fourth Schedule to the said Act.

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All questions are left open for determination by the learned arbitrator.

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The petition stands disposed of.

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Digitally signed by PRIYA PRIYA KAMBLI KAMBLI Date: 2023.04.20 14:27:31 +0530

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(MANISH PITALE, J)

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Priya Kambli

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Krantiveer Vasantrao Narayanrao Naik Shikshan Prarak Sanstha Thr.Its Prop.Mr.Pandharinath K. Thore v. M/S. Namarta Adversiting Thr. Its Prop. Mr. Vijay Sandurao Deshmukh and Another

Case brief

What is this about?

What did the court decide?

Krantiveer Vasantrao Narayanrao Naik Shikshan Prarak Sanstha Thr.Its Prop.Mr.Pandharinath K. Thore v. M/S. Namarta Adversiting Thr. Its Prop. Mr. Vijay Sandurao Deshmukh and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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