Substitution of arbitrator sought after the original arbitrator's resignation upon appointment as President of Income Tax Appellate Tribunal. By consent, Justice Sadhana Jadhav (Retd.) was nominated sole arbitrator and the tribunal's mandate extended by one year, with arbitration at evidence stage continuing.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.85 OF 2024
M.S.Kirloskar Brothers Ltd. .. Petitioner
Versus
Gammon Engineers And Contractors Private Limited
.. Respondent
Adv.Neha Wadekar for the Petitioner. Adv.Akshay Zantye for respondent.
CORAM: BHARATI DANGRE, J. DATED : 24th APRIL, 2024
P.C:-
1 In the wake of the learned Arbitrator intimating the parties by his communication dated 12/12/2023, that upon the appointment as President Income Tax Appellate Tribunal, he is unable to continue as an Arbitrator, the present petition is filed seeking his substitution as the Arbitral proceedings are at the stage of evidence.
2 By consent of the counsel, who have consent of the respective parties to appoint Justice Sadhana Jadhav (Retired Judge of Bombay High Court) as a substitute Arbitrator, the arbitral proceedings are directed to be continued before the substituted Arbitrator by extending the mandate of the tribunal
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by period of one year.
3 In the wake of the above, Justice Sadhana Jadhav (Retired Judge of Bombay High Court), is nominated as Sole Arbitrator to adjudicate the disputes and differences that have arisen between the parties.
The details of the Arbitrator are as below:
Name :- Justice Sadhana Jadhav (Retired Judge of Bombay High Court) Address :- 108, Seksaria Chambers, Nagindas Master Rd, Kala Ghoda, Fort, Mumbai, 400001 Email :- [email protected] Mob :- 9422989004 4 Appointment of Arbitrator shall be subject to the following stipulations:-
The Arbitrator shall, within a period of 15 days before entering the arbitration reference forward a statement of disclosure as contemplated u/s Section 12 of the Arbitration and Conciliation Act, 1996, to the Registrar Judicial-I, of this Court to be placed on record.
The Arbitrator, shall after entering the reference fix the date of first hearing and issue further directions as are necessary.
The Sole Arbitrator shall be entitled for the fees as
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per Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal.
All rights and contentions of the parties are kept open.
The Advocate for the Applicant shall intimate the Arbitrator about his appointment within a period of one week from the date of uploading of this Order;
In addition, the Office of the Registrar Judicial-I, of this Court shall also intimate the Arbitrator about his appointment, on the email id, mentioned above within a period of one week from the date of uploading of this order.
( SMT. BHARATI DANGRE, J.)
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1 provisions across 1 enactments
M.S. Kirloskar Brothers Ltd.
Gammon Engineers And Contractors Private Limited
Bharati Dangre
As recorded by the court registry
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