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Bombay High CourtARP/49/2021allowed

Electornica Machine Tools Limited, Thr. Director Mr. Damodaran Vasudevan Pillai v. Elctronica Tough Carb Limited,

2021-06-28Hon'Ble Shri Justice A. K. Menon2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.49 OF 2021 Electronica Machine Tools Ltd.

.. Petitioner Vs.

Electronica Tough Carb Ltd.

.. Respondent Mr. Chaitanya Nikte for the Petitioner.

Mr. Kishor Vig for the Respondent.

CORAM : A. K. MENON, J.

DATE : 28 TH JUNE, 2021.

[THROUGH VIDEO CONFERENCE] P.C. :

1.

This petition seeks appointment of a Sole Arbitrator to adjudicate upon disputes and differences between the parties. The arbitration agreement is not in dispute.

2.

Today, the matter is listed for orders. The matter is taken up for final disposal.

3.

On behalf of the respondent, learned counsel is agreeable to dispose this petition. He does not wish to file any reply. 4.

Having heard learned counsel for the parties and having perused the agreement, I am of the view that this petition can be disposed at this stage. In view thereof, I pass the following order :- (i) By consent, Mr. Pramod Bendre, Advocate, 'Shree Renukamba', Plot No.61A/38, Bharti Niwas Society, Income Tax Lane, Prabhat Road, Pune - 411 004, is 1/2 8-ARP-49-2021.doc Dixit

appointed as Sole Arbitrator to adjudicate upon disputes and differences between the parties under the Agreement dated 9 th May 2012.

(ii) Registry to inform the Sole Arbitrator of his appointment.

(iii) The learned Arbitrator is requested to file his disclosure statement under Section 11(8) and Section 12(1) of the Arbitration and Conciliation Act, 1996, within a period of two weeks from the date of receipt of intimation, with the Registrar (Judicial-I) and provide copies to the parties.

(iv) Parties to appear before the Sole Arbitrator on a date to be fixed by him.

(v) Fees payable to the Sole Arbitrator will be in accordance with the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.

(vi) Arbitration Petition is disposed in the above terms. (vii) No costs.

(A. K. MENON, J.) 2/2 8-ARP-49-2021.doc Dixit