Dtl Ancillaries Limited Thr.Its Representative Mr. Sunil Gupta v. Sbi General Insurance Company Limited

arp 38 of 2017 (972).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.38 OF 2017 DTL Ancillaries Ltd.

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Petitioner versus SBI General Insurance Company Ltd.

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Respondent Mr. Lokesh Zode, for Petitioner.

Mr. Punit Damodar with Ms. Nikita Vardhan I/by M/s. Kanga and Co., for Respondent.

Mr. Sunil Gupta, DGM and authorized signatory of Petitioner present. CORAM: S.J. KATHAWALLA, J.

DATE: 30th JULY, 2018 P.C.:

1.

Pursuant to the order dated 20th July, 2018 Mr. D.G.Karnik, Former Judge of this Court has filed 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 (3 of 2016). The same is taken on record. The learned Advocates for the parties submitted that they have gone through the disclosure and have no objection to the same. In view thereof, the following order is passed :

(i) Mr. D.G.Karnik, Former Judge of this Court, is appointed as sole arbitrator to decide the disputes between the parties arising out of the Standard Fire and Special Perils Insurance Policy dated 31 st December, 2013 (Exhibit B to the ssp 1/2

arp 38 of 2017 (972).doc Petition).

(ii)The parties shall appear before the learned Arbitrator in his chambers, on 6 th August, 2018 at the time mutually agreed between them and obtain necessary directions.

(iii)Mr. Sunil Gupta, DGM and authorized signatory of the Petition who is present in Court states that all the documents in possession of the Petitioner have been furnished to the Respondent and they do not have any documents pertaining to the subject matter. The statement is accepted. (iv)The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (v) The learned Arbitrator shall not grant adjournments to the parties unless absolutely necessary.

(vi) All contentions of the parties are kept open including the issue that the dispute referred to is not arbitrable.

(vii) The cost of arbitration shall initially be borne by the parties equally. (viii) The venue of Arbitration shall be at Pune. (ix)In view of this order, the above Arbitration Petition is disposed of. ( S.J.KATHAWALLA, J. ) by Swaroop Sharad Phadke Date:

2018.08.02 12:31:59 +0530 Swaroop Sharad Phadke ssp 2/2