Shivana Muddu Shetty And Another v. Meena Sanjeev Kundar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 88 OF 2021 Shivanna Muddu Shetty & Anr.

...

Petitioners

Versus

Meena Sanjeev Kundar ...

Respondent Mr. Suraj Naik for the Petitioner.

Mr. Suryaprakash S. Dube for the Respondent.

CORAM : R.I. CHAGLA, J.

DATED : 29th NOVEMBER, 2021.

ORDER :

The learned Counsel appearing for the Respondent tenders the vakalatnama of the Respondent which appoints the Advocates to represent her. Office is directed to accept the vakalatnama filed by the Respondent.

The learned Counsel for the Respondent also tenders the affidavit-in-reply to the Arbitration Petition dated 29.11.2021. The affidavit-in-reply of the Respondent is taken on record. 1/3

The parties have agreed for appointment of sole arbitrator as per Section 11 of the Arbitration and Conciliation Act, 1996 to adjudicate upon the disputes and differences between the Petitioners and the Respondents as mentioned in Clause 14 of the deed of partnership dated 29.03.2010.

The Petitioners have sought the appointment of the Chartered Accountant of Petitioner No.1 as Arbitrator which is opposed by the Respondent and they have stated that any other Arbitrator may be appointed to adjudicate the above disputes.

By consent of parties Shri Rajesh L. Shah, Chartered Accountant, is appointed as Arbitrator to decide the disputes between the Petitioners and the Respondent under Clause 14 of the deed of partnership dated 29.03.2021.

In view thereof, following order is passed:- i) Shri Rajesh L. Shah, Chartered Accountant, is appointed as Arbitrator to decide the disputes between the Petitioners and the Respondent under Clause 14 of the deed of partnership dated 29.03.2021.

2/3

ii) The venue of arbitration shall be in Mumbai as per deed of partnership dated 29.03.2021.

iii) Office to inform the Arbitrator regarding his appointment.

iv) The Arbitrator is requested to file his Disclosure Affidavit of Arbitration under Section 11(8)(i) of the Arbitration and Conciliation Act, 1996 within a period of three weeks from the date of receipt of the notice issued by the Registrar Judicial-I and provide copies to the parties. v) Parties to appear before the Arbitrator on the date fixed.

vi) Fees of the Arbitrator will be payable in accordance with the Bombay High Court (O.S.) Rules, 2018. vii) Arbitration Petition is disposed of in the above terms. viii) No costs.

Digitally signed by WAISHALI SUSHIL WAGHMARE Date:

2021.11.30 22:52:05 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) 3/3