M/S. Bhosale Brothers Petroleum Thr. Its Proprietor, Shri Vishal Jagannath Bhosale And ANR v. Hindustan Petroleum Corporation Limited.

Nitin 1 / 2 936-ARP-133-2017-UR.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 133 OF 2017 M/s. Bhosale Brothers Petroleum & Anr.

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Petitioners

Versus

The Hindustan Petroleum Corporation Ltd.

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Respondent ALONG WITH ARBITRATION PETITION NO. 134 OF 2017 M/s. Vidya Petroleum and & Anr.

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Petitioners

Versus

The Hindustan Petroleum Corporation Ltd.

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Respondent Mr.

Venktesh Dhond, Sr. Adv. a/w. Mr.Rashmin Khandekar, Mr.P.A. Pol, Mr. S.S. Suryavanshi, Mr. Rajesh Darvesh, Mr. R.S. Hatkar i/b. POL LEGAL JURIS for the Petitioners in both Petitions.

Mr.P.S. Sawant, Sr. Adv. i/b. S.R. Page for Respondent. CORAM : S.J. KATHAWALLA, J.

DATED : 16TH JANUARY, 2018 P.C.:

1.

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

i.

Mr.Feroz Bharucha, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Show Cause Notice dated 28th June, 2017 issued in the name of M/s. Bhosale Brothers Petroleum and Show Cause Notice dated 1st September, 2017 issued in the name of M/s. Vidya Petroleum. ii.

The disclosure of Mr.Feroz Bharucha , Advocate under Section 11(8) read

Nitin 2 / 2 936-ARP-133-2017-UR.sxw with Section 12(1) of the Arbitration and Conciliation Act, 1996, as amended by the Arbitration and Conciliation (Amendment) Act, 2015, (the Act) is taken on record. iii.

The learned Arbitrator shall hear the Petition under Section 17 of the Act on 17th January, 2018 at 09.00 a.m.

iv.

The parties and / or their Advocates shall appear before the learned Arbitrator in his chambers on 17th January, 2018 at 09.00 a.m. and obtain necessary directions.

v.

The venue of arbitration shall be at Mumbai.

vi.

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

All contentions of the parties are kept open. 2.

In view of this order, the above Arbitration Petitions are disposed off. ( S.J.KATHAWALLA, J. )