← Library
Bombay High CourtARA/25/2018

Shri.Vikrant Kishorbhai Mehta And ORS. v. Hindustan Petroleum Corporation Ltd.

2018-07-12Hon'Ble Shri Justice S.J. Kathawalla2 pages

arpl 19681 of 2018 (610).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL (L) NO.19681 OF 2018 Vikrant Kishorbhai Mehta and Ors.

...

Appellants versus Hindustan Petroleum Corporation Ltd. ...

Respondent Mr. Amey Deshpande, for Appellants.

Mr. Pankaj Sawant, Senior Advocate i/by Mr. S.R.Page, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 12 th JULY, 2018 P.C.:

1.

Heard the learned Advocates appearing for the parties and the following order is passed by consent :

(i) Mr. Ramchandra S. Apte, Senior Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Dealership Agreement dated 12-12-2013.

(ii)The disclosure of Mr. Ramchandra S. Apte, Senior Advocate under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016) is taken on record.

(iii)The parties shall appear before the learned Arbitrator in his chambers, on 16 th July, 2018 at 11.00 a.m. and obtain necessary directions. ssp 1/2

arpl 19681 of 2018 (610).doc (iv)The Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 shall be treated as a Petitioner under Section 17 of the Act and disposed of by the learned Arbitrator within a period of six weeks from today. (v) The order of protection shall continue until the learned Arbitrator decides the Petition under Section 17 of the Act and for a period of two weeks thereafter in the event of the order being adverse to the Petitioner. (vi)The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (vii)The learned Arbitrator shall not grant adjournments to the parties unless absolutely necessary.

(viii) All contentions of the parties are kept open. (ix) The cost of arbitration shall initially be borne by the parties equally. (viii) The venue of Arbitration shall be at Navi Mumbai, Dist. Thane. (ix)In view of this order, the above Arbitration Appeal is disposed of. The Petition filed under Section 9 of the Act before the District Court, Thane, also stands disposed of.

( S.J.KATHAWALLA, J. ) Swaroop Sharad Phadke by Swaroop Sharad Phadke Date: 2018.07.13 11:07:19 +0530 ssp 2/2