Monan Maruti Durkule vs Machindra Datttraya Raskar

The learned counsel for the applicant submits that disputes have arisen between the parties out of registered partnership deed dated 01.05.2010. Clause No.18 of the partnership deed provides for resolution of the disputes by arbitration. Clause 18 of partnership deed is as under :-

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“18½ vkfczVª s”ku & ;k Hkkxhnkjh laLFksr fuekZ.k gks.kkjs fo’k;] iz”u] erHksn loZ Hkxhnkjkauh vkivkilkr lksMokrsr o R;kr tj vi;”k vkys rj rs fo’k;] iz”u] erHksn vkfczVsª”ku vWDVuqlkj yoknkdMs lksiokosrHkkjrh; vkfczVsª”ku vWDV uqlkj] vkfczVsªVjus fnysyk fu.kZ; vafre vkf.k loZ Hkkxhnkjkoj ca/kudkjd jkfgy-”

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The learned counsel for the applicant submits that the applicant has issued notice dated 23.08.2024 to the respondent for appointment of

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Arb. Appln. No. 8/25

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arbitrator, which is not responded by the respondent. Hence, the present arbitration application is filed.

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The learned counsel for respondent has agreed to the name of Shri Girish V. Wani, Advocate who can be appointed as an Arbitrator to decide the disputes arising between them.

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Accordingly, the arbitration application is disposed of with following order :

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a] Appointment of Arbitrator :-

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Shri Girish V. Wani, Advocate, is appointed to act as sole arbitrator to adjudicate upon the disputes 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) In addition, within one week of this order being uploaded, the Registry will forward an ordinary copy of this order to the learned Sole Arbitrator at the following post and email addresses :

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Arbitrator : Shri Girish Vasantrao Wani, Advocate

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Address : Flat No. D-6, Tirupati Park, N-4, CIDCO, Gurusahani Nagar, Chh. Sambhajinagar – 431005.

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c] Disclosure :

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The learned Sole Arbitrator is requested to forward the necessary statement of disclosure under Section 11 (8) read with Section 12 (1) of the Arbitration Act to the Registrar of this Court, referencing this arbitration application, as soon as possible, and in any case sufficiently

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Arb. Appln. No. 8/25

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before entering upon the reference to arbitration. That statement will be retained by the Registrar on the file of this application. Copies will be given to both sides.

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d] Appearance before the Arbitrator :

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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 :

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Contact and communication particulars are to be provided by both sides to the learned Sole Arbitrator within one week of this order being uploaded. The information is to include a valid and functional email address.

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f] Section 16 application :

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The respondent is at liberty to raise all questions of jurisdiction within the meaning of section 16 of the Arbitration Act. All contentions are left open.

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g] 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.

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(ii) Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems fit.

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