Man Truck And Bus India Private Limited v. H.R. Automotives Private Limited

908_ARP_111_19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 111 OF 2019 Man Truck and Bus India Private Limited ...

Petitioner vs.

H. R. Automotives Private Limited ...

Respondent Mr. Ajit Anekar, i/by. Auris Legal for petitioner. Mr. Rushabh Thacker for respondent.

CORAM : MANISH PITALE, J DATE : 30th MARCH, 2023 P.C. :

.

This is a petition filed under Section 11(4)(b) of the Arbitration and Conciliation Act, 1996, as the nominee arbitrators of the rival parties failed to agree on appointment of a presiding arbitrator. 2.

The arbitration clause in the present case is contained in a dealership contract executed between the parties. The clause provides for appointment of an arbitral tribunal of three arbitrators, wherein each party would nominate its arbitrator and the two arbitrators so appointed, would then appoint a third arbitrator.

3.

There is no dispute about the fact that the nominee arbitrators of the two parties failed to agree upon the appointment of the third/presiding arbitrator, necessitating filing of the present petition. 4.

The respondent is represented through counsel and he submits that in the present case, the nominee arbitrators indeed failed to agree upon the 1/2

908_ARP_111_19.doc name of the third/presiding arbitrator.

5.

The learned counsel for the parties, on instructions, left it to this Court to appoint the arbitrator. The arbitration clause specifies that the place of arbitration shall be Pune. In that light, it would be appropriate that an arbitrator available in Pune is appointed as the presiding arbitrator. 6.

Accordingly, Smt. Justice Shalini Phansalkar-Joshi, former Judge of this Court, is appointed as presiding arbitrator. The details of the learned arbitrator are as follows:

Bungalow No.12, Bhagya Chintamani Nagar, Poud Road, Kothrud, Pune-411 038 Mob.: 9657188676 E-mail: phansalkarjoshi@gmail.com 7.

The parties undertake to inform the learned arbitrator about the order passed today.

8.

The learned arbitrator is requested to submit her consent and disclosure statement in terms of Sections 11(8) and 12(1) of the aforesaid Act within four weeks from today to the Registrar (Judicial) of this Court. The fees of the learned arbitrator shall be as per the Fourth Schedule to the said Act.

9.

All questions are left open for determination by the learned arbitrators. 10.

The petition stands disposed of.

Digitally signed by PRIYA KAMBLI Date:

2023.03.30 18:11:18 +0530 (MANISH PITALE, J) Priya Kambli PRIYA KAMBLI 2/2