Maharashtra State Co-Operative Bank Ltd. v. Shree Ganpati Zilla Krushi Audogik Sar Seva Sahakari Society Ltd.

ARP57.17-43

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.57 OF 2017 Maharashtra State Co-operative Bank Ltd. )....Petitioner V/s.

Shree Ganpati Zilla Krushi Audogik Sar Seva) Sahakari Society Ltd.

And Shree Ganpati Agro Product Power & Yest ) (India) Ltd.

)....Respondents ---- Mr.G.S.Godbole, senior advocate i/by Mr. Bhushan Walimbe for petitioner.

None for respondents.

---- CORAM : K.R.SHRIRAM,J DATE : 3.11.2017 P.C.:- Paragraph-2 of the order dated 4.8.2017 reads as under :- "By this petition under Article 11 of the Arbitration and Conciliation Act, 1996 (for short, `Act') the petitioner has prayed for appointment of a sole arbitrator resolving the disputes between the parties. Mr.Godbole has invited my attention to clause 4(h) of the lease deed dated 23.11.2012 as also notice dated 20.12.2013 and reminder dated 17.1.2014 invoking clause 4(h). He submitted that there is no response from the respondent." Notice has been issued to respondents and as per the office noting it has been duly served. Respondents have not entered appearance nor filed any reply.

KJ

ARP57.17-43 In the circumstances, the averments in this petition are uncontroverted.

Mr.Raghvendra Govind Kulkarni having his office at A8/1101-04, Karishma Society, Near Sangram Press, G.A.Kulkarni Road, Off.Karve Road, Kothrud, Pune-411 029, Mobile No.9821313044 is appointed as sole arbitrator to resolve the disputes raised by the petitioner. The fees of the arbitrator, administrative expenses, typing charges, venue charges shall be shared equally between the parties and the same will be cost in the arbitral proceeding.

Within 3 weeks of receiving communication from the advocate for petitioner forwarding a copy of this order, the arbitrator shall file with parties disclosure in writing as required under Section 11(8) read with section 12(1) of Arbitration and Conciliation Act, 1996.

Petition disposed accordingly.

(K.R.SHRIRAM,J) KJ