M/S. Bothara Foundry And Machine Works Thr. Mr.Poemraj Manakchand Bothra v. M/S. Vodafone Idea Limited

TAUSEEF LAIQUEE FAROOQUI TAUSEEF LAIQUEE FAROOQUI Date: 2022.01.19 18:18:02 +0530 Tauseef 27-ARP.64.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.64 OF 2021 M/s. Bothara Foundry & Machine Works

...Petitioner

Versus

M/s. Vodafone Idea Ltd.

...Respondent

---------- Mr. Suryajeet P. Chavan i/by Prachi A. Tatake for Petitioner. Mr. Rohit Dalmia for Respondent.

---------- CORAM : R. I. CHAGLA, J DATE :

18th JANUARY 2022 P.C.

1.

By this Petition under Article 11 of the Arbitration and Conciliation Act, 1996, the Petitioner is seeking appointment of sole Arbitrator to adjudicate the disputes and differences between the Petitioner and the Respondent as per the arbitration agreement in clause 15 of the Lease Deed dated 20th November 2019.

2.

The parties have agreed to appoint the Sole Arbitrator. They have jointly agreed to the appointment of Justice Dr. Shalini Phansalkar Joshi, retired Judge of this 1/3

Tauseef 27-ARP.64.2021.doc Court as a Sole Arbitrator to adjudicate the disputes and differences between the Petitioner and the Respondent under the Lease Deed dated 20th November 2019.

3.

In view thereof, following order is passed:- (i).

Dr. Shalini Phansalkar Joshi, retired Judge of this Court is appointed as a Sole Arbitrator to decide the disputes between the Petitioner and the Respondent as per in clause 15 of the Lease Deed dated 20th November 2019 executed between them.

(ii). The venue of arbitration shall be in Pune as per the clause 15 of the Lease Deed dated 20th November 2019.

(iii). Office to inform the Sole Arbitrator regarding his appointment.

(iv). The Sole Arbitrator is requested to file his disclosure Affidavit of Arbitration under Section 11(8)(i) of the Arbitration and Conciliation Act, 1996 within a period of three weeks from the date of receipt of the notice issued by the Registrar Judicial-I and provide copies to the parties. 2/3

Tauseef 27-ARP.64.2021.doc (v). Parties to appear before the Sole Arbitrator on the date fixed.

(vi). Fees of the Sole Arbitrator will be payable in accordance with the Bombay High Court (O.S.) Rules, 2018.

(vii).Arbitration Petition is disposed of in the above terms.

(viii). No costs.

[R. I. CHAGLA J.] 3/3