Surya Wires Pvt Ltd v. Maharashtra State Rural Livelihoods Mission

4_COARP_5_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 5 OF 2023 IN ARBITRATION PETITION NO. 125 OF 2021 Surya Wires Private Limited ...

Petitioner vs.

Maharashtra State Rural Livelihoods Mission ...

Respondent Mr. Vishal Hegde, i/by. Deepakar Livingston for petitioner. Mr. Nitin Deshpande for respondent.

CORAM : MANISH PITALE, J DATE : 17th MARCH, 2023 P.C. :

.

This petition is listed on the basis of a praecipe moved on behalf of the petitioner.

2.

This Court is informed that the learned arbitrator appointed as per order dated 13th October, 2022, has recused and he has expressed his inability to conduct the arbitration proceeding. 3.

In that light, the learned counsel for the parties jointly submit that a substitute arbitrator may be appointed.

4.

Considering the nature of disputes between the parties, it would be appropriate that a retired District Judge available at Mumbai, is appointed for resolution of disputes between the parties. 1/2

4_COARP_5_23.doc 5.

Accordingly, Mr. S. D. Dharmadhikari, retired District Judge, is appointed as sole arbitrator for resolution of dispute between the parties. Details of the learned sole arbitrator are as follows: Address 1:

121, Agra Building, 1st floor, M. G. Road, Fort, Mumbai - 400 001.

Address 2:

Room No.18, A.A.W.I., Ground floor, High Court, Mumbai - 400 032.

6.

The parties undertake to inform the learned arbitrator immediately about the order passed today.

7.

The learned arbitrator is requested to submit his consent and disclosure statement in terms of Sections 11(8) and 12(1) of the aforesaid Act within four weeks from today to the Registrar (Judicial) of this Court. The fees of the learned arbitrator shall be as per the Fourth Schedule to the said Act.

8.

All questions are left open for determination by the learned arbitrator. 9.

The petition stands disposed of.

(MANISH PITALE, J) Priya Kambli 2/2