The Court appointed a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, finding a valid arbitration clause in the Memorandum of Understanding. The respondent was served but did not appear or respond. The petition for appointment was allowed.
Appointment of Mr. Vishal Raman as Sole Arbitrator.
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Digitally signed by MULEY MULEY SHUBHAMPRAVINRAO SHUBHAM PRAVINRAO Date:2024.10.23 13:08:13 +0530
1 38-CARBP-339-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION NO. 339 OF 2024
Hitesh Randhir Sayta & Anr.
...Petitioners
Vs.
Dinesh Bhanushali & Ors.
...Respondents
WITH
COMMERCIAL ARBITRATION APPLICATION NO. 161 OF 2024
Mr. Rubin Vakil a/w Rishit Vimadalal, Manish Doshi, Heena and Gunjan Doiphode i/by Vimadalal & Co. for the Petitioners.
CORAM : ARIF S. DOCTOR, J. DATE : 9TH OCTOBER, 2024
P.C.:-
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2 38-CARBP-339-2024.doc
Memorandum of Understanding and points out that the same contains an arbitration clause being clause No.7. He further submits that since disputes and differences had arisen between the parties, the Petitioners had vide their notice dated 14th September, 2022 invoked arbitration in terms of the said Memorandum of Understanding against the Respondents. He submits the same has not been responded to and thus the present Application has been filed after the statutory period provided for.
“(a) That this Hon'ble Court may be pleased to appoint a fit and proper person as a Sole Arbitrator in respect of the dispute between the parties with direction to the said Arbitrator to make and publish the Award as per the provisions of Arbitration and Conciliation Act, 1996;”
the parties.
This order is corrected pursuant to speaking to the minutes order dated 21st October, 2024.
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Shubham
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TERMS OF APPOINTMENT
(a) Appointment of Arbitrator : Mr. Vishal Raman, is hereby nominated to act as a Sole Arbitrator to decide the disputes and differences between the parties.
(b) Communication to Arbitrator of this order :
(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:
Arbitrator/s Mr. Vishal Raman.
Address C/o. Mr. Simil Purohit, Senior Counsel 504, 505, 5th Floor, Gundeecha Chambers, Fort, Mumbai 400001.
Mobile 9773430457
Email [email protected]
(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.
This order is corrected pursuant to speaking to the minutes order dated 21st October, 2024.
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Shubham
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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.
(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.
(f) 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. Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems fit.
(ii) 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.
(iii) The learned Sole Arbitrator is requested to dispose of all interim applications at the earliest.
This order is corrected pursuant to speaking to the minutes order dated 21st October, 2024.
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until the disposal of Section 17 application before the learned Arbitrator.
(ARIF S. DOCTOR, J.)
This order is corrected pursuant to speaking to the minutes order dated 21st October, 2024.
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Shubham
1 issue framed by the court
Whether an arbitration agreement exists and has been duly invoked?
4 provisions across 1 enactments
Hitesh Randhir Sayta & Anr.
Dinesh Bhanushali & Ors.
ARIF S. DOCTOR
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
