Disposed

Lyka Exports Limited v. Neeraj Agarwal Proprietor of Cadiz Lifesciences

Bombay HC14 Aug 2024CARAP/128/2024

Case brief

AI extract

What is this about?

The court appointed Ms Revati Desai as sole arbitrator under Section 11 of the Arbitration Act upon the respondent's willingness. Terms covered disclosure, venue, fees, and interim applications governed by the Bombay High Court Rules.

What did the court decide?

Appointment of Ms Revati Desai as Sole Arbitrator under specified terms including fees, venue, and procedure for interim applications.

Lyka Exports Limited vs Neeraj Agarwal Proprietor of Cadiz… — Arbitration | Bombay HC (2024)

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38-CARAP-128-2024.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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IN ITS COMMERCIAL DIVISION

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COMMERCIAL ARBITRATION APPLICATION NO. 128 OF 2024

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Lyka Exports Limited …Applicant

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Versus

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Neeraj Agarwal Proprietors of CADIZ Lifesciences …Respondent

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Mr Amit Tungare , for the Applicant. Mr Sachin Masurkar , with Sunitha Perumal, for the Respondent.

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SHEPHALI SANJAY MORMARE

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Digitally signed by SHEPHALI SANJAY MORMARE Date: 2024.10.11 17:36:06 +0530

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CORAM: ARIF S. DOCTOR, J DATED: 10th October 2024

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PC:-

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This Commercial Arbitration Application is filed under Section 11 of the Arbitration and Conciliation Act 1996.

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Learned Counsel appearing on behalf of the Respondent submits that his client is ready and willing to submit the disputes and differences to arbitration and has no objection to the appointment of an Arbitrator.

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In view thereof, I appoint Ms Revati Desai, Advocate, to act as the Sole Arbitrator to decide the disputes and difference between the parties on the following Terms and Conditions:

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Page 1 of 4

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38-CARAP-128-2024.DOC

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TERMS OF APPOINTMENT

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(a) Appointment of Arbitrator : Ms Revati Desai, 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 Applicant within one week from the date this order is uploaded.

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(ii) The Advocates for the Applicant 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 Ms Revati Desai, Advocate, Address C/o Zal Andhyarujina, 302, Mistry Mansion, 107 MG Road, Fort, Mumbai 400 001 Mobile 9004806132 Email [email protected]

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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 Applicant will arrange to file the original statement in the

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Page 2 of 4

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38-CARAP-128-2024.DOC

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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)

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

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Page 3 of 4

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38-CARAP-128-2024.DOC

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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 Commercial Arbitration Application is disposed of in these terms. No costs.

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(ARIF S. DOCTOR, J)

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Page 4 of 4

Lyka Exports Limited v. Neeraj Agarwal Proprietor of Cadiz Lifesciences

Case brief

What is this about?

What did the court decide?

Lyka Exports Limited v. Neeraj Agarwal Proprietor of Cadiz Lifesciences

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

All orders in this case

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