M/S. Anurag Films v. M/S. Brahmandanayak Movies

ARP78_16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.78 OF 2016 M/s. Anurag Films ...

Petitioner Vs.

M/s. Brahmandanayak Movies ...

Respondent Mr. Sagar Kursija i/b. Mr. T. D. Deshmukh for Petitioner. CORAM : R. G. KETKAR, J.

DATE :

JULY 21, 2017 P.C. :

Heard Mr. Kursija, learned Counsel for the petitioner. 2.

Perused the earlier orders passed by this Court. By order dated 21.03.2017, this Court proposed to appoint Advocate Shridattaprasad Vishram Abhang as the second Arbitrator on behalf of the respondent and Shri Aniruddha Shrikrishna Joglekar nominated by the petitioner was proposed to be appointed as an Arbitrator of the petitioner. In the order dated 04.04.2017, the statement of disclosure of proposed Arbitrator Advocate S. V. Abhang was taken on record. In the order dated 16.06.2017, it was noted that prospective Arbitrator Advocate S. V. Abhang has complied the order dated 21.03.2017 as also expressed willingness to act as an Arbitrator on behalf of the respondent. The submission of the Advocate for the petitioner that as far as the prospective Arbitrator Mr.

Joglekar is concerned, on account of his health problems, it is not possible for him to finish arbitration within 12 months was noted. In view thereof, I proposed to appoint Advocate Shailendra Pathak as Arbitrator of the petitioner. The proposed Arbitrator was requested to furnish statement of disclosure so that necessary direction for appointment of presiding Arbitrator could be made. In the order dated 30.06.

ARP78_16.sxw Advocate Pathak was taken on record and that Advocate Shailendra Pathak and Advocate S. V. Abhang has jointly appointed Mr. Kedar Dhongde as a presiding Arbitrator was also noted. The matter was adjourned till today so as to enable the presiding Arbitrator to submit statement of disclosure.

3.

Accordingly, Mr. Kursija has tendered email dated 20.07.2017 received from Advocate Kedar Dhongde along with the covering letter dated 20.07.2017 addressed to Shri T. D. Deshmukh as also the statement of disclosure. The same is taken on record and marked 'X colly.' for identification.

4.

In view thereof, Advocate Kedar Dhongde is appointed as a presiding Arbitrator. Mr. Kursija assures that he will serve authenticated copy of this order on all the Arbitrators. Office is also directed to communicate this order to all the Arbitrators. Petition is disposed of accordingly.

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