Dhirajlal Chhaganla Mayani and Anr. v. Nandi Tarpaulins and 3 Ors.
Case brief
What is this about?
Section 11 Arbitration and Conciliation Act 1996 arbitrator appointment; Bombay High Court OOCJ, Commercial Arbitration Application 79 of 2024, decided 07-03-2025 by Justice Somasekhar Sundaresan; disputes under Partnership Deed dated 01-02-1988, arbitration Clause 19 (page 38); parties consented to reference to a sole arbitrator with limitation (invocation 2022) and all merits kept open; Mr. Firoz Bharucha appointed Sole Arbitrator; disclosure under Sections 11(8) and 12(1) in two weeks; costs shared equally subject to final award; no opinion on merits expressed.
What did the court decide?
Appointment of Mr. Firoz Bharucha, Advocate, as Sole Arbitrator; parties to communicate the order to him within one week; Sole Arbitrator to forward statutory Statement of Disclosure under Section 11(8) read with Section 12(1) within two weeks; parties to appear before him for conduct directions; arbitral costs and fees borne equally in the first instance subject to the final award on costs; all contentions (including limitation for parts invoked in 2022) and all merits issues kept open.