Shama Constructions Thr. Its Prartner Mr. Shakur A.J.Sayed v. The Secretary, Medical Eductation And Drug Department And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 27 OF 2019 Shama Constructions .

...

Petitioner Through its Partner Mr. Shakur A. J. Sayed vs.

The Secretary, Medical Education and ... Respondents Drug Department and Ors.

Mr. Kuldeep Patil a/w. Ms. Heena Suvarnakar for the Petitioner. Mr. A. R. Patil, AGP for the State.

Mr. S. B. Shetye for Respondent no. 3.

CORAM : A. K. MENON, J.

DATED : 16th JUNE, 2021.

[THROUGH VIDEO CONFERENCE] P.C. :

1.

This is a petition under section 11 of the Arbitration and Conciliation Act. Learned counsel for the parties confirm the existence of arbitration as contained in clause 45 of the Special Contract dated 24 th August, 1999 true copy of which had been filed at Exhibit A. The clause provides for reference of all disputes and difference to the Sole Arbitrator. Counsel have today agreed that their clients have conveyed willingness to submit to the sole arbitration of Shri M. D. Keskar, Advocate. Accordingly I pass the following order :

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(i) Shri M. D. Keskar, S. No. 11/1. Plot No. 67, Flat No. 01, Dhankore Apartment, Kalpataru Nagar, Ashoka Marg, Nashik - 422 011is appointed as Sole Arbitrator.

(ii) The learned Arbitrator is requested to file his disclosure statement under Section 11(8) and Section 12(1) preferably within two weeks of service of copy of this order with the Registrar (Judicial-I) and provide copies to the parties. (iii) Parties are directed to appear before the Sole Arbitrator at the earliest convenience of the Sole Arbitrator.

(iv) Fees payable to the Sole Arbitrator will be in accordance with the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018. (v) Arbitration Petition is disposed in the above terms. (vi) No costs (A. K. MENON, J.) 2/2 8-ARP-27-2019.odt rrpillai