Bombay High CourtARP/71/2014disposed off

Racold Thermo Ltd And ANR v. Central Electric Emporium

2017-11-24Hon'Ble Shri Justice K.R. Shriram2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 71 OF 2014 Racold Thermo Ltd.

....Petitioner Vs.

Central Electric Emporium ....Respondent ---- Ms. Priya C. Vaity for petitioner.

Mr.Ankit Rajput a/w. Mr.R. Bhatt i/b Manoj Bhatt for respondent. ---- CORAM : K.R.SHRIRAM, J.

DATE : 24th NOVEMBER, 2017 P.C.:

At the outset, counsels appearing for petitioner and respondent state that both the parties are ready to go for arbitration. Though the Tax Invoices, which is the subject matter of this petition, states that venue of arbitration will be Pune, both counsel state that arbitration proceedings could be held in Mumbai.

Therefore, the following order is passed by consent :- (a) Ms.Gauri Godse, an Advocate practicing in this Court having, (I) Office Address : AAWI, Room No. 18, Ground Floor, High Court, Mumbai, Tel. No.22636710, 22709045 and (ii) Office No.1, Chamber No. 8, Cosmos, Ground Floor, Karim Chambers, Ambalal Doshi Marg, Behind Milan Coffee House, Fort, Mumbai-400001 Mobile No. 9820187392, is Ms. S.K. Talekar, PS

2/2 35.arp.71.2014.doc appointed as Arbitrator to arbitrate on disputes and differences including counterclaim, if any arising out and/or in connection with and relating Tax Invoices mentioned in this petition. (b) All rights and contentions of parties are kept open except contesting existence of arbitration agreement and venue of arbitration.

(c) The fees, administrative expenses, typing charges and venue expenses of the Arbitrator shall be shared equally between parties, i.e., 50% by petitioner and 50% by respondent and the same will be costs in the arbitration proceedings.

(d) Within three weeks of receiving a communication from the advocate for petitioner and/or respondent, the Arbitrator shall give in writing, to directly to parties disclosure as required under Section (11)(8) read with Section 12(1) of the said Act.

Petition accordingly disposed.

(K.R. SHRIRAM, J.) Ms. S.K. Talekar, PS