Indicus Software Private Limited Thr. Its Ms. Shilpa Vyapari v. Infinite Uptime India Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 83 OF 2021 Indicus Software Pvt. Ltd.

...

Petitioner

Versus

Infinite Uptime India Pvt. Ltd.

...

Respondent Mr. Siddharth C. Wakankar for the Petitioner. Ms. Alisha Pinto for the Respondent.

CORAM : R.I. CHAGLA, J.

DATED : 22nd OCTOBER, 2021.

P.C. :

Heard learned Counsel for the parties.

By this Arbitration Petition the Petitioner is seeking appointment/substitution of any suitable person as Arbitrator for adjudication of the disputes in furtherance of differences arising out of '

End User License Agreement' dated 09.01.2020. The learned Counsel for the Petitioner as well as Respondent make a joint request that in view of the sole Arbitrator appointed by order dated 28.06.2021 refusing to act as Sole Arbitrator by his order dated 23.07.2021, a suitable person be appointed as Sole Arbitrator in his place. 1/3

They had further agreed that the same terms and conditions as in order dated 28.06.2021 passed by this Court, be made applicable to the Sole Arbitrator appointed in substitution of the Sole Arbitrator who had been appointed by the said order.

In view of the agreement between the parties for appointment of Sole Arbitrator in substitution of the Sole Arbitrator who was appointed by order dated 28.06.2021 and who has thereafter refused to act as Sole Arbitrator, the following order is passed : i) By consent, Ms. Sadhana Mahadev Shinde, retired Principal District and Sessions Judge, shall be appointed as Sole Arbitrator to adjudicate upon the disputes and differences between the parties under the 'End User Leave and License Agreement' dated 09.01.2020.

ii) The venue of arbitration shall be at Pune as per the arbitration agreement dispute resolution in clause 12.10 of the 'End User Leave and License Agreement' dated 09.01.2020.

iii) Office to inform the Sole Arbitrator of her appointment.

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iv) Considering the narrow scope of the dispute, the parties agree that the Sole Arbitrator to endeavour to conclude the Reference within six months from the date of first hearing.

v) The appointed Sole Arbitrator is requested to file her disclosure statement under Section 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996 within a period of three weeks from the date of receipt of intimation, with the Registrar (Judicial-I) and provides copies to the parties. vi) Parties to appear before the Sole Arbitrator on the date fixed by her.

vii) Fee applicable to the Sole Arbitrator will be in accordance with the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.

viii) Arbitration Petition is disposed of in the above terms. ix) No costs.

(R.I. CHAGLA, J.) by WAISHALI SUSHIL WAGHMARE Date:

2021.10.25 06:34:43 +0530 WAISHALI SUSHIL WAGHMARE 3/3