Krantiveer Vasantrao Narayanrao Naik Shikshan Prarak Sanstha Thr.Its Prop.Mr.Pandharinath K. Thore v. M/S. Namarta Adversiting Thr. Its Prop. Mr. Vijay Sandurao Deshmukh And Another

909_ARP_4_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 4 OF 2023 Krantiveer Vasantrao Narayanrao Naik Shikshan Prasarak Sanstha, Through President: Pandharinath Karbhai Thore ...

Petitioner vs.

M/s. Namrata Advertising, Through proprietor: Vijay Sandurao Deshmukh & anr. ...

Respondents Mr. Anuj Tiwari for petitioner.

Mr. Akshay H. Bankapur for respondent.

CORAM : MANISH PITALE, J DATE : 19th APRIL, 2023 P.C. :

.

By this petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, the petitioner is seeking appointment of arbitrator for resolution of disputes between the parties. The arbitration clause is found in an agreement dated 3rd March, 2011 executed between the parties. 2.

In the first instance, the respondents issued notice dated 29th June, 2018, invoking the arbitration clause. The petitioner responded and suggested a name for appointment of arbitrator. Thereafter, there was exchange of communications between the parties, but there was no agreement on the name of the sole arbitrator. In this backdrop, the present petition is filed.

3.

The respondents have appeared through counsel. The learned counsel for the parties submit, on instructions, that the parties are agreeable to the 1/2

909_ARP_4_23.doc appointment of Mr. S. C. Magare, retired District Judge as the sole arbitrator for resolution of disputes between the parties. 4.

Accordingly, Mr. S. C. Magare, retired District Judge, is appointed as the sole arbitrator. The details of the learned arbitrator are as follows: Flat No.2, 1st floor, 'Revati Lifestyle', Opp. Canara Bank, Near Vavshya Ganpati Temple, Gangapur Road, Anandwalli, Nashik-422013 Mob. No.: 9421 523978 E-mail: sunilmagare58@gmail.com 5.

The parties undertake to inform the learned arbitrator about the order passed today, at the earliest.

6.

The learned arbitrator is requested to submit his 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 as per the Fourth Schedule to the said Act.

7.

All questions are left open for determination by the learned arbitrator. 8.

The petition stands disposed of.

(MANISH PITALE, J) Digitally signed by PRIYA KAMBLI Date:

2023.04.20 14:27:31 +0530 PRIYA KAMBLI Priya Kambli 2/2