Consensual appointment of a sole arbitrator in an intra-family arbitration dispute. Respondents consented to referral; the court appointed Mr Aditya Thakkar as sole arbitrator with standard terms on disclosure, fees shared equally, seat at Mumbai, and converted a pending Section 9 petition into a Section 17 application.
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.
42-ARBP-344-2024.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO. 344 OF 2024
AND
ARBITRATION APPLICATION NO. 201 OF 2024
Ashok Satramdas Bhagia
…Petitioner
Versus
Ramesh Satramdas Bhagia & Anr …Respondents
Mr Sahil Mahajan , for the Petitioner.
Mr Raghav Gupta , with Treesa Benny, i/b Wadia Ghandy & Co, for the Respondents.
SHEPHALI SANJAY MORMARE
Digitally signed by SHEPHALI SANJAY MORMARE Date: 2024.10.09 17:20:47 +0530
PC:-
CORAM: ARIF S. DOCTOR, J DATED: 7th October 2024
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42-ARBP-344-2024.DOC
TERMS OF APPOINTMENT
(b) Communication to Arbitrator of this order :
(i) A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the Applicant within one week from the date this order is uploaded.
(ii) The Advocates for the Applicant will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses:
Arbitrator Mr Aditya Thakkar, Advocate Address 3rd Floor, East West Bldg, Mumbai Samachar Marg, Opposite Stock Exchange, Fort, Mumbai 400 023 Mobile 98215 34225 Email [email protected]
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42-ARBP-344-2024.DOC
(d) Appearance before the Arbitrator : Parties will appear before the learned Sole Arbitrator on such date and at such place as the learned Sole Arbitrator nominates to obtain appropriate directions in regard to fixing a schedule for completing pleadings, etc.
(e) Contact/communication information of the parties : Contact and communication particulars are to be provided by both sides to the learned Sole Arbitrator. The information is to include functional email addresses and mobile numbers.
(g) Interim Application/s :
(i) Liberty to the parties to make an interim application or interim applications including (but not limited to) interim applications under Section 17 of the Arbitration & Conciliation Act,
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42-ARBP-344-2024.DOC
1996 before the learned Sole Arbitrator. Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems fit.
(ii)
The present Petition under Section 9 of the Arbitration Act will be treated, heard, and disposed of as an application under Section 17 of the Act. All affidavits filed in the Section 9 petition will be treated as affidavits filed in the Section 17 application. Liberty to apply to the learned Sole Arbitrator for leave to file further affidavits.
(i) Sharing of costs and fees : Parties agree that all arbitral costs and the fees of the arbitrator will be borne by the two sides in equal shares in the first instance.
(j) Consent to an extension if thought necessary . Parties immediately consent to a further extension of up to six months to complete the arbitration should the learned Sole Arbitrator find it necessary.
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42-ARBP-344-2024.DOC
(ARIF S. DOCTOR, J)
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1 issue framed by the court
Which arbitrator should be appointed to resolve the parties' disputes under Section 11 of the Arbitration and Conciliation Act 1996?
5 provisions across 1 enactments
Ashok Satramdas Bhagia
Ramesh Satramdas Bhagia
Arif S. Doctor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
