Mrs. Vijaya Dinesh Kunden Thr. Poa.Mr. Dinesh Kunden v. Mrs. Geeta Jaydeep Kher

901_ARP_37_22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 37 OF 2022 Vijaya Dinesh Kunden ...

Petitioner vs.

Geeta Jaydeep Kher ...

Respondent Mr. Prashant Kamble, i/by. A. S. Rao for petitioner. Mr. Chirag Dave & Mr. Dnyaneshwar Jadhav, i/by. Legasis Partners for respondent.

CORAM : MANISH PITALE, J DATE : 17th NOVEMBER, 2022 P.C. :

.

By this petition, the petitioner is seeking appointment of an arbitrator in the backdrop of the earlier arbitrator appointed by this Court expressing inability to continue to conduct the proceedings. 2.

By order dated 11th April, 2019 passed in Arbitration Petition (Stamp) No.36814/2018, this Court had appointed Mrs. Justice Vasanti Naik (former Judge of this Court) as arbitrator to resolve the disputes between the parties. The proceeding before the learned arbitrator did continue for some time, but it appears that the midway of the proceedings, due to some apprehension, learned arbitrator expressed inability to continue the proceedings. 3.

In this petition, the respondent has appeared and this Court has heard the learned counsel for the rival parties. It is found that both the parties are at Pune and that it would be appropriate that the learned arbitrator available at Pune is appointed, so that it is convenient for the parties. 1/2

901_ARP_37_22.doc 4.

Accordingly, Justice Shalini Phansalkar-Joshi, former Judge of this Court, is appointed as arbitrator. The contact details of the learned Arbitrator are as follows:- Hon'ble Smt. Dr. Justice Shalini Phansalkar-Joshi Bungalow No.12, Bhagya Chintamani Nagar, Poud Road, Kothrud, Pune-411 038 Mob.: 96571 88676 E-mail: phansalkarjoshi@gmail.com 5.

Parties to inform the learned arbitrator about her appointment at the earliest.

6.

Learned arbitrator is requested to communicate her consent and disclosure statement in terms of Sections 11(8) and 12(1) of the aforesaid Act within four weeks from today to the Registrar (Judicial) of this Court. The fees of the learned Arbitrator shall be fixed in terms of Fourth Schedule to the aforesaid Act.

7.

All questions are left open to be decided by the learned arbitrator. 8.

Petition stands disposed of.

(MANISH PITALE, J) Priya Kambli 2/2