M/S. Joshi Freight Carriers Thr. Its Prop.Shri Anil S/O. Biharilal Joshi v. The Maharashtra State Warehousing Corporation Thr. Its Managing Director

Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION No. 51 of 2018 M/s Joshi Freight Carriers ..Petitioner.

Vs The Maharashtra State Warehousing Corporation ..Respondent.

Mr Anish Khandekar for the petitioner.

Ms Sonali Jadhav I/by Kamlesh Ghumre for Respondent. CORAM : S.J. KATHAWALLA, J.

DATED :- 13th December, 2018.

P.C. :

The order passed by this Court dated 26th November, 2018 is reproduced hereunder.

"1. Heard the Learned Advocates appearing for the parties. Both the parties have agree that there exists an arbitration clause to decide the disputes between the parties and the Court may proceed to appoint a sole Arbitrator to decide the disputes between the Petitioner and Respondent arising out of the Tender Notice dated 14th October, 2016. In view thereof, the following order is passed, by consent :- i.

The Court proposes to appoint Mr. K.D. Patil, Retired District Judge, as the sole Arbitrator to 1/3

decide the disputes between the parties arising out of Tender Notice dated 14th October, 2016.

ii.

Mr. K.D. Patil, Retired District Judge, 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 Conciliation (Amendment) Act, 2015 (Act No.3 of 2016) on or before 30th November, 2018.

iii.

Stand over to 30th November, 2018."

Mr. K.D. Patil, Retired District Judge has filed his disclosure. The Advocates for the parties have informed the Court that they as well as their clients have gone through the disclosure and they have no objection to the same. In view thereof, the disclosure of Mr. K.D.Patil is taken on record and the following order is passed, by consent :- i. Mr. K.D. Patil, Retired District Judge is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Tender Notice dated 14th October, 2016. ii.

The parties and their advocates shall appear before the learned Arbitrator in his Chamber on 22nd December, 2018 at 12:00 noon and obtain necessary directions.

iii.

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

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iv.

The venue of the arbitration shall be at Pune. In view of this order, the above Arbitration Petition is disposed off.

(S.J. KATHAWALLA, J.) 3/3