Pritam Ganjewar Infrastructure Private Limited v. M/S. Cemcon Concrete India Priate Limited Thr. Its Dir. Mr. Sachin Shelar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 120 OF 2022 Pritam Ganjewar Infrastructure Private Limited

...Petitioner

V/s.

M/s. Cemcon Concrete India Private Limited through its Director Mr. Sachin Shelar

...Respondent

---- Mr. J. G. Aradwad (Reddy), for the Petitioner. Mr. Dushant Purekar, for the Respondent.

---- CORAM : C.V. BHADANG, J.

DATE : 14 SEPTEMBER 2022 Digitally signed by MAMTA AMAR KALE Date:

2022.09.20 16:51:20 +0530 MAMTA AMAR KALE P.C.

.

This is an application for appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

2.

The record discloses that the Petitioner had invoked an arbitration clause by a notice dated 13 June 2022. A perusal of the reply dated 11 June 2022 from the Respondent shows that the Respondent has no objection for appointment of the Arbitrator. The only aspect is that there was no agreement on the name of the Arbitrator.

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3.

In that view of the matter, the following order is passed.

ORDER

1.

Hon'ble Smt. Justice Shalini PhansalkarJoshi, Former Judge of this Court is appointed as a Sole Arbitrator to adjudicate the dispute between the parties.

2.

The learned Sole Arbitrator, before entering the arbitration reference, shall forward a statement of disclosure as per requirement of Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996, to the Registrar ( Judicial-I) of this Court.

3.

At the first instance, the parties shall appear before the prospective Arbitrator within a period of two weeks from today or two weeks from today on a date which may be mutually fixed by the learned Sole Arbitrator.

4.

The fees payable to the Arbitral Tribunal shall be as prescribed under the Bombay High Court (Fees payable to Arbitrators) Rules, 2018 and shall be borne by the parties in equal proportion. 5.

All contentions of the parties including on merits of the matter are expressly kept open. 6.

The petition is disposed of in the above terms, with no order as to costs.

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7.

Office to forward a copy of this order to the learned Arbitrator on the following address:

"Smt. Dr. Justice Shalini Phansalkar-Joshi Bunglow No.12, Bhagya Chintamani Society, Poud Road, Kothrud, Pune - 411 038.

Mobile No.9657188676 Email - phansalkarjoshi@gmail.com"

C.V. BHADANG, J.

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