M/S. Bhansali Infotech Llp. Thr. Its Shri Chandrakant Mohanala Bhansali v. Mr. Tukaram Dhondiba Tupe And ORS

CRP 1 10-ARPST-16412-2019 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION (ST) NO. 16412 OF 2019 M/s. Bhansali Infotech LLP. Thr. Its authorised partner Shri. Chandrakant Mohanlal Bhansali ...

Petitioner V/s.

Mr. Tukaram Dhondiba Tupe & Ors.

...

Respondents Mr. Daljeet Singh Bhatia, for the Petitioner. Mr. Girish Agrawal for the Respondent Nos. 1 to 4. CORAM : G. S. KULKARNI, J.

DATE : 4th SEPTEMBER, 2019.

P.C.:- 1] Heard learned counsel for petitioner and learned counsel for the respondents. This is an application filed under section 11 of the Arbitration and Conciliation Act, 1996 whereby petitioner has prayed for appointment of an Arbitral Tribunal for adjudication of the disputes and differences which are stated to have arisen between the parties under the development agreement dated 4 July 2014. 2] After this petition was heard, learned counsel for the respondent fairly submitted that his client is agreeable for appointment of an Arbitral Tribunal.

3] In view of consent between parties application is required to be disposed of. Hence, following order :

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CRP 2 10-ARPST-16412-2019 .doc

ORDER

i) Smt. Shalini Phansalkar-Joshi, Former Judge of this Court, is appointed as a sole Arbitrator to arbitrate the disputes and differences between the parties under the development agreement dated 4 July 2014.

ii) The learned prospective sole Arbitrator, fifteen days before entering the arbitration reference, shall forward a statement of disclosure as per the 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, to be placed on record of this petition with a copy to be forwarded to both the parties.

iii) The fees payable to the arbitral tribunal shall be governed in accordance with the fees prescribed under the Bombay High Court (Fees Payable to Arbitrators) Rules, 2018;

iv) At the first instance, the parties shall appear before the prospective Arbitrator within 15 days from today on a date which may be mutually fixed by the prospective sole arbitrator; v) All contentions of the parties are expressly kept open. vi) The petition is disposed of in the above terms. No costs. 2/3

CRP 3 10-ARPST-16412-2019 .doc vii) Office to forward a copy of this order to the learned Arbitrator on the following address.

Address: Bunglow No.12, Bhagya Chintamani Society, Opp. Kachra Depot, Paud Road, Kothrud, Pune 411 038.

E-mail : phansalkarjoshi@gmail.com Telephone No. 9657188676 (G.S.Kulkarni, J.) 3/3