M/S. R.R. Varma, Represented By Its Partner Mr.Jitendra Rajaram Varma v. Union Of India Repesented By Its Executive Engineer

ssp 946 arp 48 of 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.48 OF 2018 M/s. R.R.

Varma ...

Petitioner versus Union of India ...

Respondent Mr. Ketki Gadkari I/by Ms. Sumi Soman, for Petitioner. Mr. B.B.Sharma I/by Mr. P.P.Jadhav, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 18 th JANUARY, 2019 P.C.:

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Heard the learned Advocates appearing for the parties. The instructions received by the Advocate for the Respondent from the Office of the Chief Engineer, CPWD dated 17 th January, 2019 is taken on record and marked 'X' for identification. The following order is passed by consent :

(i) Mr. M.A.Jacob, Retired Additional Director General of the Respondent, is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Contract dated 26 th April, 2010.

(ii)Mr. M.A.Jacob, Retired Additional Director General, shall file his disclosure under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016) on or before 25 th January, 2019.

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ssp 946 arp 48 of 2018.doc (iii)The parties and/or their Advocates shall appear before the learned Arbitrator in his chambers at the date and time mutually fixed by them with the learned Arbitrator and obtain necessary directions. (iv)The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (v) The learned Arbitrator shall not grant adjournments to the parties unless absolutely necessary.

(vi) All contentions of the parties are kept open. (vii) The cost of arbitration shall initially be borne by the parties equally. (viii) The venue of Arbitration shall be as provided in the Agreement. (ix)Accordingly, the above Arbitration Petition is disposed of. ( S.J.KATHAWALLA, J. ) 2/2