Disposed

Riteish Deshmukh and Anr. v. Welcome Cure Pvt. Ltd. and 4 Ors.

Bombay HC3 Apr 2023CARBP/60/2021

Case brief

AI extract

What is this about?

The Bombay High Court, on consent of parties, converted a Section 9 petition under the Arbitration and Conciliation Act, 1996 to Section 17 proceedings. The court appointed Mr. Nausher Kohli as sole arbitrator and directed parties to disclose contact details and fix a schedule.

What did the court decide?

Appointment of Mr. Nausher Kohli as sole arbitrator; direction to parties to intimate appointment, disclose contact details, and submit declaration of independence within 15 days; parties to bear arbi

Riteish Deshmukh and Anr. Vs Welcome Cure Pvt. Ltd. and 4 Ors. — Arbitration | Bombay HC (2023)

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8.carbp.60.21.doc

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.

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COMMERCIAL ARBITRATION PETITION NO. 60 OF 2021

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Riteish Deshmukh and Anr...Petitioners

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Versus

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Welcome Cure Pvt. Ltd. and Ors...Respondents

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Mr. Rohan Kelkar a/w. Ms. Rashi Shah i/by M/s. Kartikeya and Associates for Petitioners.

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Mr. Zubin Behramkamdin, Senior Advocate a/w. Vyom Shah, Ms. Manisha Virkhari, Ms. Nidhi B. Singh, Mr. Nandkishor Supal i/by Divya Shah Associates for Respondents.

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CORAM:MILIND N. JADHAV, J.
DATE:APRIL 03, 2023.

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P.C.:

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1. Heard Mr. Kelkar, leaned Advocate for Petitioners and Mr.

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Zubin Behramkamdin, learned Senior Advocate for Respondents.

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2. Commercial Arbitration Petition No. 60 of 2021 is filed under Section 9 of the Arbitration & Conciliation Act, 1996 (for short

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“the said Act”). By consent of the parties, Commercial Arbitration
Petition No.60 of 2021 filed under Section 9 of the said Act is
converted to Section 17 of the said Act to be moved before the learned
sole Arbitrator. Both parties consent for appointment of sole
Arbitrator to resolve their disputes. The pleadings in Section 9
Petition shall be considered as pleadings under Section 17 of the said
Act. Parties are further permitted to file Additional Affidavits and

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1 of 4

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8.carbp.60.21.doc

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pleadings in Section 17 proceedings before the learned Arbitrator.

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3. After hearing the learned Advocates for sometime and perusing the record, both the learned Advocates have agreed to refer their disputes to the Arbitral Tribunal. Both parties have left the appointment of sole Arbitrator to be done by this Court.

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4. Hence, I pass the following order:-

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(i) By consent of parties, Mr. Nausher Kohli (Cell Phone
No.9911115722), Advocate / Counsel practicing in this
Court is appointed as sole Arbitrator to decide upon the
disputes and differences between the parties which is
the subject matter of the present proceedings;

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(ii) Both parties are directed to intimate to the sole Arbitrator about his appointment as a sole Arbitrator to resolve the disputes between them;

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(iii) The learned Arbitrator, within a period of 15 days
before entering the arbitration reference, shall forward
a statement of disclosure as per the requirement of
Section 11(8) 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
proceedings, with a copy to be forwarded to both the
parties;

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2 of 4

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8.carbp.60.21.doc

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(iv) Parties are directed to appear before the learned sole Arbitrator as directed by the learned Arbitrator and shall fix a schedule as per his convenience;

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(v) Learned arbitral Tribunal shall give all such further directions with reference to the arbitration and also as to how it is to be proceeded further;

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(vi) Contact and communication particulars shall be provided by both the sides to the learned sole Arbitrator within a period of one week from today. This information shall include a valid and functional

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email as well as mobile numbers of the parties
participating in the process as well as all Advocates /
Counsel;

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

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(viii)The learned Arbitrator shall be entitled for the fees as
per Schedule IV of the Arbitration & Conciliation Act,
1996 read with Bombay High Court (Fee Payable to
Arbitrators) Rules, 2018 and the arbitral costs and fees
of the Arbitrator shall be borne by both parties in equal

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portion and shall be subject to the final Award that may
be passed by the Tribunal.

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3 of 4

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8.carbp.60.21.doc

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5. In view of the above, Commercial Arbitration Petition is

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disposed.

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[ MILIND N. JADHAV, J. ]

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Ajay

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Digitally signed by AJAY AJAY TRAMBAK TRAMBAK UGALMUGALE UGALMUGALE Date: 2023.04.04 15:15:45 +0530

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Riteish Deshmukh and Anr. v. Welcome Cure Pvt. Ltd. and 4 Ors.

Case brief

What is this about?

What did the court decide?

Riteish Deshmukh and Anr. v. Welcome Cure Pvt. Ltd. and 4 Ors.

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

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