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Bombay High CourtARP/99/2018disposed off

Omaxe Infrastructure And Construction Limited Thr. Its Sh. Gourav Roy. v. Union Of India, Military Engineer Services Thr. The Chief Engineer,And ORS

2018-09-27Hon'Ble Shri Justice S.J. Kathawalla2 pages

kpd 1 / 2 933-ARP-99-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 99 OF 2018 Omaxe Infrastructure and Construction Limited ...

Petitioner

Versus

Union of India ...

Respondent Mr. Gandhar Raikar alongwith Kkshitij Shah for the Petitioner. Mr. B.B. Sharma instructed by Mr. Dushyant Kumar for Respondent. CORAM : S.J. KATHAWALLA, J.

DATED : 27 th SEPTEMBER, 2018 P.C.:

1.

Perused the order dated 21 st September, 2018. Pursuant thereto, Shri. Justice Dilip Ganesh Karnik, former Judge of this Court has submitted his disclosure 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 (Act No.3 of 2016) (the Act). The disclosure filed by Shri. Justice Dilip Ganesh Karnik, former Judge of this Court, is taken on record. Advocate for both the parties have gone through the said disclosure and have no objection to the same. In view thereof, the following order is passed :- i.

The disputes between the parties arising out of the Contract dated 22nd January, 2013 are referred to the sole Arbitrator Shri. Justice Dilip Ganesh Karnik, former Judge of this Court.

kpd 2 / 2 933-ARP-99-2018.doc ii.

The Learned Arbitrator shall be at liberty to take assistance of any expert, if required.

iii.

Parties shall appear before the Learned Arbitrator in his Chamber on 29th September, 2018 at 11.00 a.m. and obtain necessary directions. iv.

The Learned Arbitrator shall not grant adjournment/s to the parties unless absolutely necessary. Parties too shall not seek adjournment/s unless absolutely necessary.

v.

The venue of arbitration shall be at Pune.

vi.

The cost of arbitration shall initially be borne by the parties equally. vii.

All contentions of the parties are kept open. viii.

The above Arbitration Petition is accordingly disposed off. ( S.J.KATHAWALLA, J. )