M/S Rmk Infrastructure Pvt. Ltd. v. M/S. Finolex J-Power Systems Pvt. Ltd.

ppn 1 2.arp-45.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.45 OF 2015 M/s.RMK Infrastructure Pvt. Ltd.

..

Petitioner Vs.

M/s.Finolex J-Power Systems Pvt. Ltd.

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Respondent --- Mr.Jaydeep Deo for the petitioner.

Mr.Ankush Kamat a/w Mr.Pranav Arora i/by M/s.Crawford Bayley & Co. for the respondent.

--- CORAM : R.D. DHANUKA, J.

DATE : 18th July 2016 P.C.

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Pursuant to the order dated 1st July 2016, Shri Justice D.G. Karnik, former Judge of this Court has filed statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996. Statement of disclosure is taken on record and is accepted.

2.

Learned counsel appearing for the parties jointly state that their respective clients have no objection if Shri Justice D.G. Karnik, former Judge of this Court is appointed as a sole arbitrator inspite of the contents of the disclosure made in paragraph 5 of the disclosure statement. Statement is accepted.

3.

Learned counsel for the parties have pointed out an inadvertent error in paragraph 3 of the disclosure statement in so far as the period during which the learned arbitrator was a Judge of this Court is concerned.

ppn 2 2.arp-45.15.doc 4.

Shri Justice D.G. Karnik, former Judge of this Court is appointed as a sole arbitrator. There is no dispute that the arbitration agreement exists between the parties.

5.

Arbitration petition is disposed of in aforesaid terms. No order as to costs. It is made clear that this Court has not expressed any views on merits of the matter. All other contentions are kept open. R.D. DHANUKA, J.