Sonoma Management Partners Private Limited v. Prasad Toke And Others

by JITENDRA SHANKAR NIJASURE Date: 2022.05.07 13:17:46 +0530 JITENDRA SHANKAR NIJASURE jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.104 OF 2021 Sonoma Management Partners Pvt. Ltd.

...Petitioner

Versus

Mr. Prasad Toke & Ors.

...Respondents

---------- Jeetendra Rajguru i/b. Ninad Deshpande for the Petitioner. Mr. Gautam Ankhad with Ms. Hiral Thakkar for the Respondents. ---------- CORAM :

R.I. CHAGLA J DATE :

6TH MAY, 2022 ORDER :

1.

Heard learned Counsel for parties.

2.

By this Petition, the Petitioner is seeking appointment of Sole Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 to decide the dispute between the parties arising out of the investment agreement dated 20th August, 2020.

3.

Mr. Gautam Ankhand appearing for the Respondents is agreeable to the appointment of Sole Arbitrator and leaves it to the Court for such appointment.

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4.

Accordingly, Mr. Siddharth Samantaray, Advocate of this Court is appointed as Sole Arbitrator to decide the disputes between the parties arising out of the investment agreement. 5.

In view thereof, following order is passed:- (i) Mr. Siddharth Samantaray, Advocate of this Court is appointed as a Sole Arbitrator to decide the disputes between the Petitioner and the Respondent arising out of the investment agreement between the parties. (ii)The venue of arbitration shall be in Mumbai. (iii) Office to inform the Sole Arbitrator regarding his appointment. (iv) The Sole 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 Sole Arbitrator on the date fixed. 2/3

(vi) Fees of the Sole 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.

[R.I. CHAGLA J.] 3/3