Mukund Krishna Patil And ORS v. M/S. Vishwadeep Construction, Through Its Partners

904 ARP.73.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 73 OF 2014 Mukund Krishna Patil & Ors.

.. Petitioners Vs.

M/s. Vishwadeep Construction, through its partners a. Mahesh Sudam Patil & Anr.

.. Respondents Mr. A.S. Khandeparkar a/w Mr. Rakesh Pathak i/b Khandeparkar & Associates for the Petitioners.

Mr. Bhushan Walimbe for the Respondents.

CORAM : A.A. SAYED, J.

DATED : 28 APRIL 2015 P.C.

The learned Counsel for the parties states that the Arbitrator who is appointed in a matter has expressed his inability to act as an Arbitrator. Learned Counsel for the parties are agreed that Mr. Justice S.S. Parkar, former Judge of this Court, be appointed as an Arbitrator. In view of the above, the following order being passed : i) Mr. Justice S.S. Parkar, former Judge of this Court, is appointed as an Arbitrator under the Arbitration and Conciliation Act, 1996 to adjudicate the disputes and differences between the parties.

Waghmare 1/2

904 ARP.73.14.doc ii) Registry shall communicate a copy of this order to Mr. S.S. Parkar alongwith memorandum of address of the parties. iii) At the request of the Learned Counsel for the Respondents, it is recorded that the issues of delay, limitation and maintainability are kept open.

The Petition is disposed of in aforesaid terms. (A.A. SAYED, J.) Waghmare 2/2