Sahyadri Sahakari Sakhar Karkhana Limited v. M/S. Thyssen Krupp Industries India Private Limited

arp 45 of 2018 (937).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.45 OF 2018 Sahyadri Sahakari Sakhar Karkhana Ltd.

...

Petitioner versus M/s. Thyssen Krupp Industries India Pvt. Ltd. ... Respondent Mr. S.R.Nargolkar i/by Mr. Aumkar V. Joshi, for Petitioner. Mr. Mayank Baglai i/by M/s. Kanga and Co., for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 27 th APRIL, 2018 P.C.:

1.

Heard the learned Advocates appearing for the parties and the following order is passed by consent :

(i) Mr. Ranjeev Carvalho, Advocate is appointed as the sole Arbitrator to decide the disputes between the Petitioner and Respondent arising out of the Agreements dated 05-07-1997 and 10-09-2011. However, the learned Arbitrator shall treat the above two agreements as two separate references. (ii)The disclosure of Mr. Ranjeev Carvalho, Advocate 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) is taken on record.

(iii)The parties shall appear before the learned Arbitrator in his chambers, ssp 1/2

arp 45 of 2018 (937).sxw on 2 nd May, 2018 at 5.00 p.m. and obtain necessary directions. (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 including limitation are kept open. (vii) The cost of arbitration shall initially be borne by the parties equally. (viii) The parties have agreed that the seat of the arbitration shall be at Mumbai and they have filed an Affidavit to this effect. (ix)In view of this order, the above Arbitration Petition is disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2