Disposed

Electronic Machine Tools Ltd. v. Electronic Tough Carb Ltd.

Bombay HC22 Jan 2024ARP/206/2023

Case brief

AI extract

What is this about?

The sole arbitrator withdrew from office during the pendency of arbitral proceedings. The court, finding no dispute between parties, appointed a retired district judge from the High Court's panel as the substitute arbitrator to continue the proceedings within one year.

What did the court decide?

Appointment of Shri Rajendra B. Agarwal as the Sole Arbitrator to continue with the Arbitral proceedings.

Electronic Machine Tools Ltd. Vs Electronic Tough Carb Ltd. — Arbitration | Bombay HC (2024)

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1/2 63 arp 206-23.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION No. 206 OF 2023

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Electronic Machine Tools Ltd

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.. Applicant

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Versus

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.. Electronic Tough Carb Ltd Respondent …

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Mr. Chaitanya B. Nikte with Prajit S. Sahane and Rituij Atul Kale for the petitioner. Mr.Monish K. Vig for the respondent.

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CORAM: BHARATI DANGRE, J. DATED : 23^rd JANUARY 2024

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P.C:-

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1 Under the order dated 28/6/2021, a Sole Arbitrator was appointed to adjudicate the disputes that have arisen between the parties out of the agreement dated 9/5/2012. After entering into the reference and during the pendency of the arbitral proceedings, the Arbitrator withdrew from the office by stating so in the order dated 10/12/2022.

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This call for substitution of the Arbitrator and the present petition is filed, seeking the relief of substitution of the Arbitrator.

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2 There is no dispute amongst the respective counsel appearing for the parties that the arbitrator has expressed his Tilak

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2/2 63 arp 206-23.doc

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inability to continue the Arbitral proceedings and the proceedings are pending at the stage of cross-examination of the witnesses.

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Since the counsel are ad idem, that the Arbitrator is to be appointed for continuation of the arbitral proceedings, I deem it appropriate to appoint Shri Rajendra B. Agarwal, Retired District Judge whose name is borne on the Panel of the Arbitrators maintained by the High Court, as the Sole Arbitrator to continue with the Arbitral proceedings and pronounce the Award upon its culmination.

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It is expected that the Arbitrator shall make every endeavour to conclude the proceedings within a period of one year. The details of the proposed Arbitrator are provided as under :-

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Mr.Rajendra B. Agrawal, Retired District Judge, Godrej Infinity Tower, Flat no.1003, Behind Renuka Mata Mandir, Keshavnagar, Mundhwa, Pune 411036. Mobile 9850486277 Email : [email protected]

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The Appointment of the Arbitrator shall be subject to the same terms and conditions, by which the substitute Arbitrator was appointed.

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( SMT. BHARATI DANGRE, J.)

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Tilak

Electronic Machine Tools Ltd. v. Electronic Tough Carb Ltd.

Case brief

What is this about?

What did the court decide?

Electronic Machine Tools Ltd. v. Electronic Tough Carb Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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