Arbitration petition seeking appointment of an arbitrator for disputes under a partnership agreement's arbitration clause. Respondents consented; the court appointed a sole arbitrator with terms on disclosure, interim applications, fees, venue at Pune, and kept all rights and contentions open.
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.
9-ARP-6-2024.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
ARBITRATION PETITION NO. 6 OF 2024
Bharat Mithalal Nagori …Petitioner
Versus
Subhash Sitaram Goel & Ors …Respondents
Mr Vishal Kanade , with Pankaj J Das, for the Petitioner.
Mr Rajesh Gupta , for Respondents Nos. 1 and 2.
Mr Ashwin Pimpale , with RD Gorade, for Respondent No. 5 (through VC)
Mr Siddharth Bane , with Harshad Sathe, i/b Saiprasad Wadkar, for Respondents Nos. 6-A to 6-C.
SHEPHALI SANJAY MORMARE
Digitally signed by SHEPHALI SANJAY MORMARE Date: 2024.09.02 18:00:33 +0530
CORAM: ARIF S. DOCTOR, J DATED: 2nd September 2024
PC:-
“3. Mr Kanade, Learned Counsel appearing on behalf of the Petitioner clarifies that after this notice was issued, the same had in fact been withdrawn. The Petitioner was recognised as a partner, which are evidenced from e-mail sent by the Petitioner to the Respondents. Additionally, he points out that the business of the firm
Page 1 of 5
9-ARP-6-2024.DOC
in fact continues to operate post this notice of dissolution. Hence, in any view of the matter, submit that these are all issues which can be urged before the Tribunal since the Agreement in question is not in dispute nor the fact that the same has arbitration clause. In view of the settled position of law, I find merits in the submission of Learned Counsel appearing on behalf of the Petitioner.
TERMS OF APPOINTMENT
Page 2 of 5
9-ARP-6-2024.DOC
(i)
A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the Petitioner within one week from the date this order is uploaded.
(ii)
The Advocates for the Petitioner will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses:
Arbitrator Mr Justice SR Sathe, Former Judge of Bombay High Court Address A-802, Ruturang Apartment, Behind Parranjape School, Kothrud, Pune 411 038. Mobile 020-25396407
(c) Disclosure : The learned Sole Arbitrator is requested to forward, in hard copy or soft copy (or both), the necessary statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act to Advocates for the parties as soon as possible. The Advocates for the Petitioner will arrange to file the original statement in the Registry. If the statement is forwarded in soft copy, a print out of the covering email is also to be filed in the registry.
Page 3 of 5
9-ARP-6-2024.DOC
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.
(f) 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, 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 learned Sole Arbitrator is requested to dispose of all interim applications at the earliest.
Page 4 of 5
9-ARP-6-2024.DOC
(ARIF S. DOCTOR, J)
Page 5 of 5
1 issue framed by the court
Should an arbitrator be appointed to adjudicate disputes under the arbitration clause in the partnership deed dated 27 January 2004?
3 provisions across 1 enactments
Bharat Mithalal Nagori
Subhash Sitaram Goel
Arif S. Doctor
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
