Ashish Tripathi v. Jocata Financial Advisory and Technology Pvt. Ltd.
Case brief
What is this about?
Section 11 Arbitration and Conciliation Act 1996 appointment of arbitrator; Bombay High Court Commercial Division; Commercial Arbitration Application No. 252 of 2024; Ashish Tripathi v Jocata Financial Advisory and Technology Pvt Ltd; second bite at the cherry objection to repeat arbitration; arbitrator already appointed in past proceedings terminated without liberty; application pending since 2022; Ms Ayesha Damania appointed Sole Arbitrator; Respondent objection to be decided as preliminary issue under Section 16; not an extension of mandate Section 29-A liberty reserved; arbitration invoked August 10 2022; Engagement Letter dated May 3, 2016; disclosure under Section 11(8) and Section 12(1)
What did the court decide?
Application finally disposed of by appointing Ms. Ayesha Damania, an Advocate of the Court, as Sole Arbitrator to adjudicate the disputes arising out of the Agreement (Engagement Letter dated May 3, 2016), with directions to decide the Respondent's objection as a preliminary Section 16 application, to forward the statutory disclosure under Sections 11(8)/12(1), with parties to bear arbitral costs equally in the first instance subject to the final award, and liberty reserved to the Applicant to apply under Section 29-A; no comment made on merits and all merits issues kept open.