Arbitrator appointed earlier could not continue after taking up a tribunal assignment; the High Court substituted a former judge as sole arbitrator under section 15(2) and disposed of the civil application with directions on disclosure, interim applications and fees.
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.
2024:BHC-AUG:22905
CA 5214/24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
955 CIVIL APPLICATION NO. 5214 OF 2024 IN ARB/18/2021
SAMEER JYOTINDRA PANDE
VERSUS
M/S MARATHWADA CONSTRUCTIONS PVT. LTD. THROUGH ITS DIRECTOR PRAMOD HARI KHAIRNAR AND ANOTHER
Party in person - Applicant : Mr. Sameer J. Pande
CORAM : ARUN R. PEDNEKER, J. Dated : September 20, 2024
PER COURT :-
CA 5214/24
2
a] Appointment of Arbitrator :-
Hon’ble Mr. Justice P.V. Hardas, former Judge of this Court is hereby appointed to act as sole arbitrator to adjudicate upon the disputes between the parties.
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) In addition, within one week of this order being uploaded, the Registry will forward an ordinary copy of this order to the learned Sole Arbitrator at the following addresses :
Arbitrator : Hon’ble Shri Justice P.V. Hardas (Retired) Address : Plot No. 307, Millenium Park, MIDC Area, Chikalthana, Chhatrapati Sambbhajinagar (Aurangabad). Phone No. : 96232 35939
c] Disclosure :
The learned Sole Arbitrator is requested to forward the necessary statement of disclosure under Section 11 (8) read with Section 12 (1) of the Arbitration Act to the Registrar of this Court, referencing this arbitration application, as soon as possible, and in any case sufficiently before entering upon the reference to arbitration. That statement will be retained by the Registrar on the file of this application. Copies will be given to both sides.
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.
CA 5214/24
3
e] Contact / communication information of the parties :
Contact and communication particulars are to be provided by both sides to the learned Sole Arbitrator within one week of this order being uploaded. The information is to include a valid and functional email address.
f] Section 16 application :
The respondent is at liberty to raise all questions of jurisdiction within the meaning of section 16 of the Arbitration Act. All contentions are left open.
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, 1996 before the learned Sole Arbitrator.
(ii) Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems fit.
h] Fees :
The arbitral tribunal’s fees shall be governed by the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.
k] Venue and seat of arbitration :
The venue and seat of the arbitration will be as per the terms of the agreement or the law applicable.
( ARUN R. PEDNEKER, J. )
ssc/
1 issue framed by the court
Who should be appointed arbitrator after the previously appointed arbitrator resigned due to accepting a new tribunal assignment?
5 provisions across 1 enactments
Sameer Jyotindra Pande
M/s Marathwada Constructions Pvt. Ltd. through its Director Pramod Hari Khairnar
Another
Arun R. Pedneker
As recorded by the court registry
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