M/S. Shree Enterprises, Through Prop. Mrs. Swati Tanaji Patil v. M/S. Shree Balaji Associates, And Oithers

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 11 OF 2022 M/s. Shree Enterprises

...Petitioner

Versus

M/s. Shree Balaji Associates & Ors.

...Respondents

---------- Mr. Aniesh S. Jadhav a/w Mr. Rushikesh Kekane for the Petitioner. Mr. Ajyanka Vdhane for the Respondents.

---------- CORAM : R.I. CHAGLA J DATE : 13 July 2023 ORDER :

1.

Heard learned Counsel for the parties.

2.

By the present Arbitration Petition, the Petitioner is seeking appointment of Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 as per Agreement dated 25th July 2019 annexed at Exh.A to the Petition.

3.

Learned Counsel appearing for the Respondents has 1/3

vehemently opposed grant of any relief in the Arbitration Petition. 4.

Considering that the Application is made under Section 11(6) of the Arbitration and Conciliation Act, 1996, in order to resolve the dispute between the parties, it would be necessary to appoint an Arbitrator by keeping all contentions of the Respondents open to be raised before the appointed Arbitrator. Accordingly, following order is passed. :- (i) Mr. Sudhakar Eknathrao Avhad, Advocate of this Court is appointed as a Sole Arbitrator to adjudicate the disputes between the parties arising out of the Agreement dated 25th July 2019 annexed at Exh.A to the Petition.

(ii) The venue of arbitration shall be in Pune as per Clause 31 read with 32 of the said Agreement dated 25th July 2019.

(iii) Office to inform the Sole Arbitrator regarding appointment.

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(iv) The Sole Arbitrator is requested to file the Disclosure Affidavit of Arbitration under Section 11(8)(i) of the Arbitration and Conciliation Act, 1996 within a period of three weeks from the date of receipt of the notice issued by the Registrar Judicial-I and provide copies to the parties.

(v) Parties to appear before the Sole Arbitrator on the date fixed.

(vi) Fees of the Sole Arbitrator will be payable in accordance with the Bombay High Court (O.S.) Rules, 2018.

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

[R.I. CHAGLA J.] 3/3