Hitesh Coal Traders v. Vaishnavi Rolling Mill Pvt. Ltd.
Case brief
What is this about?
Section 11 Arbitration and Conciliation Act 1996 appointment of sole arbitrator; Hitesh Coal Traders v. Vaishnavi Rolling Mill Pvt. Ltd.; Bombay High Court OOCS; Somasekhar Sundaresan J.; imported coal supply disputes December 2016–December 2018; quality disputes and withheld payments; invocation letter August 1, 2022; reply August 24, 2022; application moved November 22, 2023; limited judicial scrutiny to existence of arbitration agreement and disputes; Mandar Limaye appointed Sole Arbitrator; merits and validity of arbitration agreement left to tribunal; no opinion on merits; application allowed and disposed; ARBAP 86 of 2024; decision date January 14, 2025.
What did the court decide?
Appointment of Mr. Mandar Limaye, Learned Advocate of the Court, as Sole Arbitrator to adjudicate the disputes and differences between the parties arising out of and in connection with the Agreement; statutory Statement of Disclosure under Section 11(8) read with Section 12(1) to be filed in the Registry; parties to appear before the Sole Arbitrator; all arbitral costs and fees of the Arbitral Tribunal to be borne equally in the first instance, subject to any final Award on costs.