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Bombay High CourtARA/8/2014disposed off

Shri. Asif Kasamali Shaikh And ANR. v. Shri. Sanjay Balu Patil And ANR.

2015-03-05Hon'Ble Shri Justice A.A. Sayed2 pages

3.ARA.8.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO. 8 OF 2014 Shri Asif Kasamali Shaikh & Anr.

.. Appellants Vs.

Shri Sanjay Balu Patil & Anr.

.. Respondents Mr. R.P. Hake-Patil i/b Mr. Sanjeev P. Kadam for the Appellants. Mr. Rahul D. Matkari for the Respondents.

CORAM : A.A. SAYED, J.

DATED : 5 MARCH, 2015 P.C.

1) The Arbitration Appeal has been filed impugning the order dated 10 February 2014 passed by the Civil Judge, Senior Division, rejecting the Application of the Appellants for extension of injunction which was granted in the suit filed by the Appellants. 2) Inasmuch as in the Agreement executed between the parties, there is an arbitration clause, the learned Counsel for the Appellants and the learned Counsel for the Respondents are agreed that the disputes and differences be referred to Advocate Shri Hemant Prabhakar Gangal, Gangal Wada, Gangal Marg, Roha, District Raigad.

Waghmare

3.ARA.8.14.doc 3) In view of the above, the following order is passed : Order i) Advocate Shri Hemant Prabhakar Gangal is appointed as an Arbitrator to adjudicate the disputes and differences between the parties under Arbitration and Conciliation Act, 1996.

ii) The Registrar (Judl.) is directed to forward a copy of this order to Advocate Shri Hemant Prabhakar Gangal, Arbitrator, along with a memorandum containing the addresses of the parties.

iii) Parties are at liberty to seek appropriate interim reliefs, if any, before the Arbitrator.

4) The Arbitration Appeal is disposed of in the aforesaid terms.

5) All contentions are kept open.

(A.A. SAYED, J.) Waghmare