M.E. Projects Private Limited v. Mira- Bhayander Municipal Corporation

kpd 1 / 2 954-ARP-124-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 124 OF 2017 M.E. Projects Private Limited ...

Petitioner

Versus

Mira-Bhayander Municipal Corporation ...

Respondent Mr. Ajit Anekar instructed by Auris Legal for the Petitioner. Mr. N.R. Bubna for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 7 th DECEMBER, 2018 P.C.:

1.

By an Order dated 11 th June, 2015, Mr. R.S. Apte, Senior Advocate was appointed as an Arbitrator to adjudicate the disputes and differences between the parties arising out of the Agreement dated 23 rd April, 2012. However, Mr. R.S. Apte, Senior Advocate has expressed his inability to act as an Arbitrator in the matter. In view thereof, the following order is passed, by consent :- (a) Mr. Vikram Deshmukh, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Agreement dated 23 rd April, 2012.

(b) Advocate Vikram Deshmukh shall file his disclosure 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 (Act No.3 of 2016) (the Act) on or before 13 th December, 2018.

kpd 2 / 2 954-ARP-124-2017.doc (c) The parties and/or their Advocates shall appear before the Learned Arbitrator in his Chambers on 8 th December, 2018 at 11.00 a.m. and obtain necessary directions.

(d) The venue of arbitration shall be at Mumbai.

(e) The Learned Arbitrator shall endeavour to pass his final Award within a period of six months from today. The Learned Arbitrator shall not grant adjournment/s to the parties unless absolutely necessary. (f) The cost of arbitration shall initially be borne by the parties equally. (g) All contentions of the parties are kept open. 2.

In view of this order, the above Arbitration Petition is disposed off. ( S.J.KATHAWALLA, J. )