M/S. Paras Electricals Limited v. Bharat Electronics Limited

ARP33.17-919

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.33 OF 2017 M/s.Paras Electrical Limited )....Petitioner V/s.

Bharat Electronics Limited & Anr.

)....Respondents ---- Mr.Rajiv A.Jadhav for petitioner.

Ms.Meena H.Doshi for respondent no.1.

---- CORAM : K.R.SHRIRAM,J DATE : 6.10.2017 P.C.:- This petition is taken out by the petitioner under section 14 read with section 15 of the Arbitration & Conciliation Act 1996. Counsel appearing for petitioner states that the petitioner and respondent no.1 through their advocates have agreed that the disputes be referred to a sole arbitrator and the arbitrator be Ms.R.C.Nichani, an advocate practicing in this court. Ms.Doshi for respondent no.1 states that she has received oral instructions to agree for Ms.R.C.Nichani but she is awaiting confirmation from respondents in writing which is expected and will come within a week from today.

Counsel states that they have inquired from Ms.R.C.Nichani who has given her consent and also has confirmed KJ

ARP33.17-919 that there are no circumstances that could give rise to grounds of challenge under Section 12 of the Act.

In view of the above, Ms.R.C.Nichani, an advocate practicing in this court, is appointed as an arbitrator to decide on all disputes arising out of, relating to and concerning with the Tender Enquiry floated by respondent no.1 bearing no.

PUR/70124/070124/070124 dated 18.8.2017 for supply of battery charging generator set 5.6 KVA and read with 4 purchase orders referred to in paragraph-7 of the petition.

Ms.Nichani to continue from the stage where the earlier arbitrator has left. The fees and administrative expenses together with typing charges and venue charges if any, to be paid in accordance with the arbitration clause.

Petition disposed accordingly.

(K.R.SHRIRAM,J) KJ