Sanjeevan Earthmovers And Contractors Thr. Its Prop.Mr. Arun Appasaneb Hatti v. Waterfronts Constructions Private Limited

ARP62to65_16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.62 OF 2016 TO ARBITRATION PETITION NO.65 OF 2016 Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Sangramsingh Yadav for Petitioner in all the Petitions. CORAM : R. G. KETKAR, J.

DATE : 28TH JULY, 2017 P.C.:

Heard Mr. Yadav, learned Counsel for the petitioner in all the Petitions.

2.

By order dated 30.06.2017, I proposed to appoint Hon'ble Mr. Justice P. R. Borkar, a former Judge of this Court as a sole Arbitrator. The learned prospective Arbitrator was requested to submit statement of disclosure in writing in terms of Sections 11(8) and 12(1)(b) of the Arbitration and Conciliation Act, 1996 (for short 'Act'). He was further requested to disclose in the statement of disclosure whether he can make award within a period of 12 months from the date of arbitral Tribunal entering upon the reference under Section 29A of the Act. In pursuance thereof, the learned prospective Arbitrator has forwarded covering letter dated 24.07.2017 enclosing therewith statement of disclosure. It is stated that he is willing to act 1/2

ARP62to65_16.doc as an Arbitrator in the matters. He declared that to the best of his knowledge, there exists no relationship or interest of any kind with any of the parties or in relation with the subject matter of dispute. Since there is no other commitment at present, he will be able to complete arbitration within 12 months as experted in the order. He has suggested that in order to avoid any delay in service of notices on parties, parties may be directed to appear before him on 06.08.2017 at 11.00 a.m. at his residence at Kolhapur for supplying copies of pleadings and other documents and also for preliminary discussion for deciding modalities of the proceedings.

3.

In view thereof, I appoint Mr. Justice P. R. Borkar, a former Judge of this Court as a sole Arbitrator to adjudicate and decide the differences and disputes between the parties. The parties shall appear before the learned Arbitrator on 06.08.2017 at 11.00 a.m. at the following address:

Hon'ble Mr. Justice P. R. Borkar (Retired) "Manas", Plot No.18, Sharda Hsg. Soc., Rajarampuri, 8th Lane, Kolhapur 416008.

4.

Petitions stand disposed of. Order accordingly. 5.

Parties to act upon the authenticated copy of this order. Office and parties to transmit this order to the learned Arbitrator forthwith.

(R. G. KETKAR, J.) 2/2 Minal Parab