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Bombay High CourtARP/114/2017disposed off

Chandrakant Champalal Gandhi v. Snadeep Chandrakant Shah

2019-03-01Hon'Ble Shri Justice S.J. Kathawalla2 pages

ssp 928 arp 114 of 2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.114 OF 2017 Chandrakant Champalal Gandhi ...

Petitioner versus Sandeep Chandrakant Shah & Ors.

...

Respondents WITH ARBITRATION PETITION NO.161 OF 2017 Chandrakant Champalal Gandhi ...

Petitioner versus Sandeep Chandrakant Shah & Ors.

...

Respondents Mr. Amit Borkar, for Petitioner.

Mr. P.P.Kulkarni for Respondent Nos.1, 3 to 6 in CORAM: S.J. KATHAWALLA, J.

DATE: 1 st MARCH, 2019 P.C.:

1.

By an order dated 19 th December, 2019 this Court by consent of the parties, appointed Mr. Bharat Jagtap, Retired District Judge, as a Sole Arbitrator to decide the disputes between the parties arising out of the Partnership Deed dated 28th October, 1986. However, the learned Arbitrator has now conveyed his inability to proceed with the arbitration proceedings. In view thereof, by consent of the parties, the following order is passed :

(i) Mr. A.

V.Deshpande, Retired District Judge, is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Partnership 1/2

ssp 928 arp 114 of 2017.doc Deed dated 28 th October, 1986.

(ii)The learned Arbitrator 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 8th March, 2019.

(iii)The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (iv)The learned Arbitrator shall not grant adjournments to the parties 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 Arbitration shall be at Kolhapur. (viii)The above Arbitration Petition is accordingly disposed of. ( S.J.KATHAWALLA, J. ) 2/2