Disposed

Ravi Infrabuild Projects Pvt. Ltd. v. Shri Tatyasaheb Kore Warana Sahakari Sakhar Karkhana Ltd.

Bombay HC25 Nov 2024ARP/25/2024

Case brief

AI extract

What is this about?

Section 11 arbitration petition for appointment of an arbitrator; respondents did not oppose appointment but raised venue. Court appointed Mr. Bhavik P. Manek as Sole Arbitrator with seat and venue in Mumbai and standard appointment terms.

What did the court decide?

Appointment of Mr. Bhavik P. Manek, Advocate as Sole Arbitrator; seat and venue at Mumbai.

Ravi Infrabuild Projects Pvt. Ltd. vs Shri Tatyasaheb Kore Warana… — Arbitration | Bombay HC (2024)

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Digitally signed by MULEY MULEYSHUBHAMPRAVINRAO SHUBHAMPRAVINRAODate:2024.11.29 18:38:00 +0530

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1 30-ARP-25-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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ARBITRATION PETITION NO. 25 OF 2024

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Ravi Infrabuild Projects Pvt Ltd

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...Petitioner

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Vs .

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Shri Tatyasaheb Kore Warana Sahakari

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Sakhar Karkhana Ltd. & Anr.

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...Respondents

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Mr. Vinay Kothari (through VC) a/w Shraddha Swarup i/by Pravin Singh for the Petitioner.

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Mr. Nitin V Gaware Patil (through VC) a/w Divyesh Jain for the Respondents.

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CORAM : ARIF S. DOCTOR, J. DATE : 25TH NOVEMBER, 2024

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P.C.:-

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This is a Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator.

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When the matter was called today, Learned Counsel appearing for

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the Respondents fairly submitted that the Respondents were not opposing the appointment of an Arbitrator, but submitted that the venue be Mumbai.

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To this, Learned Counsel for the Petitioner pointed out that the agreement in question itself provides that the venue of the arbitration would be

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Shubham

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Welspun House, Mumbai, but submits that a mutual venue for arbitration can be fixed. Given the fact that there is today no opposition to the appointment of an Arbitrator, I deem it fit to appoint Mr. Bhavik P. Manek, Advocate to act as Sole Arbitrator in respect of the disputes and differences that have arisen between the parties on the following terms.

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TERMS OF APPOINTMENT

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(a) Appointment of Arbitrator : Mr. Bhavik P. Manek, Advocate is hereby nominated to act as a Sole Arbitrator to decide the disputes and differences between the parties.

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(b) Communication to Arbitrator of this order :

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(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.

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(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:

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Arbitrator/s Mr. Bhavik P. Manek.

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Address Office No.20-A, Prospect Chambers Annexe, Pitha Street, Fort, Mumbai – 400001. Mobile 9892824335 Email [email protected]

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Shubham

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(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.

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(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.

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(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.

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(f) Interim Application/s :

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(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.

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(ii) The learned Sole Arbitrator is requested to dispose of all interim applications at the earliest.

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(g) Fees : The arbitral tribunal’s fees shall be governed by the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.

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(h) 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.

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(i) 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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(j) Venue and seat of arbitration : Parties agree that the venue and seat of the arbitration will be in Mumbai.

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The Petition is disposed of in these terms. No costs.

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(ARIF S. DOCTOR, J.)

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Shubham

Ravi Infrabuild Projects Pvt. Ltd. v. Shri Tatyasaheb Kore Warana Sahakari Sakhar Karkhana Ltd.

Case brief

What is this about?

What did the court decide?

Ravi Infrabuild Projects Pvt. Ltd. v. Shri Tatyasaheb Kore Warana Sahakari Sakhar Karkhana Ltd.

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

Coram

Case details

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