Shri. Siddharth Ashok Sawant v. Shri. Achyut Surajit Samant And ORS.

Nitin 1 / 2 930-ARP-29-2018-UR.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 29 OF 2018 Siddharth Ashok Sawant ...

Petitioner

Versus

Achyut Surajit Samant and Ors.

...

Respondents Mr.Sairuchita Chowdhary i/b. J.Shekhar and Company for the Petitioner. Mr.Sohil Gulabani for the Respondents.

CORAM : S.J. KATHAWALLA, J.

DATED : 27TH JULY, 2018 P.C.:

1.

On 4th May, 2018, this Court passed the following Order :

1. Heard the learned Advocates appearing for the parties. Both the parties agree that there exists an arbitration agreement between the parties and the Court may proceed to appoint a sole Arbitrator to decide the disputes between the Applicant and Respondent arising out of Deed of Retirement and Continuation of Partnership dated7th June, 2016. In view thereof, the following order is passed :- i. The Court proposes to appoint Mr. Rajendra Daundkar, Advocate as the sole Arbitrator to decide the disputes between the parties arising out of Deed of Retirement and Continuation of Partnership dated 7th June, 2016.

ii. Mr. Rajendra Daundkar, Advocate shall submit his disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and

Nitin 2 / 2 930-ARP-29-2018-UR.doc Conciliation (Amendment) Act, 2015 (Act No.3 of 2016) on orbefore 10th May, 2018.

iii. By consent, stand over to 10th May, 2018, in Chambers. 2.

Pursuant thereto, Mr.R.M.Daundkar, Advocate has filed his Disclosure under Section 11(8) read with Section 12(1) of the Act. The learned Advocates appearing for the parties have gone through the said Disclosure and have no objection to the same. In view thereof, the following Order is passed by consent : i.

The disclosure filed by Mr. R.M. Daundkar is taken on record. ii.

Mr. R.M.Daundkar, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Deed of Retirement and Continuation of Partnership, dated 7th June, 2016. iii.

The parties shall appear before the learned Arbitrator in his chambers on 28th July, 2018 at 11.00 a.m. and obtain necessary directions. iv.

The learned Arbitrator shall not grant any adjournment to the parties and / or their Advocates, unless absolutely necessary. v.

All contentions of the parties are kept open. vi.

The cost of arbitration shall initially be borne by the parties equally. vii.

The venue of the arbitration shall be at Pune. 3.

In view of this order, the above Arbitration Petition is disposed off. ( S.J.KATHAWALLA, J. )