Allowed

M/S Jokhu Marine Works Prop Concern Ramashre Mishra Sole Prop Throgh Its Ca Anand Ramashre Mishra v. M/S Galleon Shipping Ltd.

Bombay HC14 Aug 2024CARAP/48/2024

Case brief

AI extract

What is this about?

In this commercial arbitration application, the Bombay High Court appointed Mr Dormaan Dalal as the sole arbitrator upon the demise of the previous arbitrator. The court laid down terms regarding disclosures, venue, fees, and permitted the petitioner to file interim applications under Section 17.

What did the court decide?

Appointment of the Applicant's Advocate, Mr Dormaan Dalal, as the Sole Arbitrator on specific terms.

M/S Jokhu Marine Works Prop Concern Ramashre Mishra Sole Prop… — Arbitration | Bombay HC (2024)

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9-CARAP-48-2024+.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO. 48 OF 2024 Jokhu Marine Works Prop Concern Ramashre …Applicant Mishra Sole Proprietor Through Its CA Anand Ramashre Mishra Versus Galleon Shipping Ltd …Respondent WITH COMMERCIAL ARBITRATION PETITION (L) NO. 20095 OF 2024 Ramashre Mishra Sole Prop of Jokhu Marine Works …Petitioner Through Its CA Anand Ramashre Mishra SHEPHALI Versus SANJAY MORMARE Galleon Shipping Ltd …Respondent Digitally signed by SHEPHALI SANJAY MORMARE Date: 2024.08.14 19:27:40 +0530 Mr Aseem Naphade , with Divya Tyagi, for the Petitioner. None for the Respondent. CORAM: ARIF S. DOCTOR, J DATED: 14th August 2024 PC:-

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9-CARAP-48-2024+.DOC

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The present Commercial Arbitration Application is filed under Section 14 of the Arbitration and Conciliation Act 1996 seeks the following relief:

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“(a) That this Hon'ble Court be pleased to appoint a Sole Arbitrator in view of the Order dated 29 November 2012, to arbitrate the disputes between the ,Petitioner and the Respondent.”

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Learned Counsel appearing on behalf of the Petitioner points out that the Petitioner by letter dated 20th July 2021 informed of the demise of the Learned Sole Arbitrator. It is in these circumstances that the present Petition has been filed.

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Learned Counsel appearing on behalf of the Petitioner places reliance upon an Affidavit of Service of today’s date proving the service of present Application on the Respondents. Despite this, today none appeared on behalf of the Respondents.

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Thus, in my view, there is no impediment in proceeding with the hearing on the present Application.

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After having heard the Learned Counsel appearing on behalf of the Petitioner as also perusing the record and the letter addressed to the Learned Counsel for the parties by the daughter of the Learned Sole Arbitrator, who has since passed away, I fine that sufficient cause has been made out to allow the present application in terms of prayer clause (a), reproduced above.

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9-CARAP-48-2024+.DOC

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Hence, I appoint Mr Dormaan Dalal, Advocate to act as the Sole Arbitrator in the matter on the following Terms and Conditions.

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TERMS OF APPOINTMENT

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(a) Appointment of Arbitrator : Mr Dormaan Dalal, 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 Mr Dormaan Dalal, Advocate Address 207, Bluemoon Chambers, Behind Beaumon Chamers, 25, Nagindas Master Road, (Tata Motors Lne), Near Welcome Restaurant, Fort, Mumbai 400 001 Office +91-22-49781069 Mobile +91-95038 10380 Email [email protected]

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9-CARAP-48-2024+.DOC

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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 Petitioners 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

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9-CARAP-48-2024+.DOC

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manner and within such time as the learned Sole Arbitrator deems fit.

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(ii)

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The present Petition under Section 9 of the Arbitration Act will be treated, heard, and disposed of as an application under Section 17 of the Act. All affidavits filed in the Section 9 petition will be treated as affidavits filed in the Section 17 application. Liberty to apply to the learned Sole Arbitrator for leave to file further affidavits.

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(iii) 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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9-CARAP-48-2024+.DOC

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The Petition and the Application are both disposed of in these terms. No costs.

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(ARIF S. DOCTOR, J)

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M/S Jokhu Marine Works Prop Concern Ramashre Mishra Sole Prop Throgh Its Ca Anand Ramashre Mishra v. M/S Galleon Shipping Ltd.

Case brief

What is this about?

What did the court decide?

M/S Jokhu Marine Works Prop Concern Ramashre Mishra Sole Prop Throgh Its Ca Anand Ramashre Mishra v. M/S Galleon Shipping 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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