Disposed

Shree Sukhsagar Hospitality Services through Proprietor Shivachandra Shetty v. Hindustan Petroleum Corporation Limited

Bombay HC12 Aug 2024CARAP/99/2024

Case brief

AI extract

What is this about?

Section 11 application for appointment of an arbitrator over disputes arising from an agreement dated 9 April 2021. With counsel's consent, the court appointed Ms. Neeta Jain as sole arbitrator and issued standard terms of appointment.

What did the court decide?

Ms. Neeta Jain appointed as Sole Arbitrator; application disposed of in these terms, no costs.

Shree Sukhsagar Hospitality Services through Proprietor… — Arbitration | Bombay HC (2024)

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Digitally signed by MULEY 1 32-CARAP-99-2024.doc MULEY SHUBHAM SHUBHAM PRAVINRAO PRAVINRAO Date: 2024.10.18 11:50:15+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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COMMERCIAL ARBITRATION APPLICATION NO. 99 OF 2024

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Shree Sukhsagar Hospitality Services Vs.

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...Applicant

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Hindustan Petroleum Corporation Limited ...Respondent

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Adv. Ashna Shah i/by Sean Wassoodew for the Applicant. Adv. Shubhra Swami i/by Rahul Punjabi for the Respondent.

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CORAM : ARIF S. DOCTOR, J. DATE : 17TH OCTOBER, 2024

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P.C.:-

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This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to decide the disputes and differences between the parties arising out of an Agreement dated 9 th April, 2021.

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Learned Counsel for the parties are today agreeable to appointment of an Arbitrator.

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Hence, the Court appoints Ms. Neeta Jain to act as the Sole Arbitrator to decide the disputes and differences between the parties under the following terms and conditions:-

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Shubham

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2 32-CARAP-99-2024.doc

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TERMS OF APPOINTMENT

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(a) Appointment of Arbitrator : Ms. Neeta Jain 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/s Ms. Neeta Jain

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Address A/301, Fort Chambers, Ambalal Joshi Marg, Fort, Mumbai 400 001.

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Mobile 9320003692

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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 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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Shubham

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3 32-CARAP-99-2024.doc

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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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Shubham

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4 32-CARAP-99-2024.doc

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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 application is disposed of in these terms. No costs.

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(ARIF S. DOCTOR, J.)

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Shubham

Shree Sukhsagar Hospitality Services through Proprietor Shivachandra Shetty v. Hindustan Petroleum Corporation Limited

Case brief

What is this about?

What did the court decide?

Shree Sukhsagar Hospitality Services through Proprietor Shivachandra Shetty v. Hindustan Petroleum Corporation Limited

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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