Nishant Prakashchandra Bhutada v. Hemant Ramesh Chopda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 107 OF 2022 Nishant Prakashchandra Bhutada

...Petitioner

Vs.

Hemant Ramesh Chopda

...Respondent

---- Mr. Mayank Bagla i/b. Mr. Jainish Jain, for the Petitioner. Mr. Sandeep D. Shinde i/b. Ergo Juris, for the Respondent. ---- CORAM : MANISH PITALE, J.

DATE : 20 DECEMBER 2022 Digitally signed by MAMTA AMAR KALE Date:

2022.12.23 15:10:01 +0530 MAMTA AMAR KALE P.C.

.

By this petition, filed under Section 11 of the Arbitration and Conciliation Act, 1996, the petitioner is seeking appointment of arbitrator for resolution of disputes between the parties.

2.

The petition is filed in the context of the Memorandum of Understanding dated 10/5/2019 executed between the parties wherein the arbitration clause is found at Clause No.20, which provides for resolution of disputes by arbitration and specifies that the place of arbitration shall be Nashik. 3.

In the light of disputes that arose between the parties, by notice dated 28/1/2022, the petitioner invoked the arbitration

clause, but the same did not lead to appointment of an arbitrator necessitating filing of the present petition. 4.

The respondent has appeared through counsel.

5.

The learned counsel for the parties, on instructions, submit that the parties are agreeable to the place of arbitration being Mumbai, despite the specific stipulation in the arbitration clause as regards the place of arbitration being Nashik. The parties have agreed before this Court that the place of arbitration shall be Mumbai.

6.

In view of the above, Justice C. V. Bhadang, former Judge of this Court is appointed as arbitrator, to resolve the disputes between the parties.

7.

The details of the learned arbitrator are as follows: Shri. Justice C. V. Bhadang 322, Varma Chamber, Homaji Street, Horniman Circle, Fort, Mumbai - 400 001.

Mobile No. 9503187966 Email. chandrakantbhadang@gmail.com 8.

The learned arbitrator is requested to send his consent and

disclosure statement as per Section 11(8) and 12(1) of the aforesaid Act, within four weeks to the Registrar (Judicial) of this Court. The fees of the learned arbitrator shall be as per schedule IV to the said Act.

9.

The parties to communicate this order to the learned arbitrator immediately.

10.

All contentions of the parties are kept open. 11.

The petition is disposed of in aforesaid terms. MANISH PITALE, J.