Sneha Uday Joshi v. Madhuri Vineet Lele Partner Of Blaze Corporation

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.191 OF 2023 WITH COMMERCIAL ARBITRATION APPLICATION (L) NO.

Sneha Uday Joshi ..

Petitioner

Versus

Madhuri Vineet Lele Partner of Blaze Corporation ..

Respondent ...

Mr. Saurabh Oka for petitioner.

Mr. Amit Sharma i/b Mr. Pankaj Thatte for the respondent. CORAM: BHARATI DANGRE, J.

DATED : 6th FEBRUARY 2024 P.C:- Heard learned counsel for the petitioner and counsel for the respondent.

The petition is filed seeking appointment of an arbitrator to resolve the disputes that have arisen between the legal heirs of one Udaykumar Joshi, a partner of a firm M/s Blaze Corporation and Smt. Madhuri Vineet Lele, the other partner in the firm.

2/3 24 ARP 191-23.doc The disputes arose between the parties in August, 2020 onwards and attempt to settle the same were not successful. This resulted in invocation of arbitration by the petitioner vide notice dated 31/03/2023, in the wake of clause no.16 of the partnership agreement and even the name of the proposed arbitrator was suggested. However, the suggestion was rejected by respondent on 3/04/2023, though there is no challenge to the existence of the arbitration clause.

In the wake of the aforesaid scenario, the respective counsel have agreed for appointment of the sole arbitrator to adjudicate the disputes that have arisen between the parties, on being appointed by this Court.

The respondent is also informed to have filed Section 11 application, which though not on board is taken up for hearing, and is disposed off.

In the wake of the above, Advocate. Akshay Patil, is appointed as Sole Arbitrator to adjudicate the disputes and differences that have arisen between the applicant and the respondent. The details of the Arbitrator are as below:

Name :- Adv. Akshay Patil.

Address :- 6 A, Sindhu House, 3/5 Nanabhai lane, Near Flora Fountain, Fort Mumbai.

3/3 24 ARP 191-23.doc The Arbitrator, shall after entering the reference fix the date of first hearing and issue further directions as are necessary.

The Sole Arbitrator shall be entitled for the fees as per Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal.

All rights and contentions of the parties are kept open.

( SMT. BHARATI DANGRE, J.)