← Library
Bombay High CourtARP/45/2017disposed off

F. M. Hammerle Textile Limited v. Sandip Hindurao Gaikwad

2017-09-13Hon'Ble Shri Justice G. S. Kulkarni2 pages

Dusane 1/2 4 arp 45.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.45 OF 2017 F.M. Hammerle Textile Limited ....

Petitioner earlier known as Oswal F.M. Hamerle Textiles Limited.

Vs.

Sandip Hindurao Gaikwad ....

Respondent Mr. M.S. Topkar, Advocate for the Petitioner. Mr. R.P. Walvekar, Advocate for the Respondent. Coram : G.S. KULKARNI, J.

Date : 13 SEPTEMBER, 2017 P.C. :

In pursuance to the order dated 31 August 2017, this court had proposed to appoint Mr. Kundlik Dattatraya Patil, Retired Principal District and Sessions Judge as an Arbitrator to arbitrate the dispute between the parties. Awaiting disclosure as per requirement of Section 11(8) read with 12(1) of the Arbitration and Conciliation Act, 1996 (for short the Act), this petition was adjourned.

Dusane 2/2 4 arp 45.2017 Today learned counsel for the petitioner has placed on record the necessary disclosure as made by the learned Arbitrator. The same is taken on record and marked "X" for identification. Accordingly the Court appoints Mr. Kundlik Dattatraya Patil, Retired Principal District and Sessions Judge, as an Arbitrator to adjudicate the disputes between the parties.

All contentions of the parties on merits of the matter are expressly kept open.

Needless to observe that the learned Arbitrator shall endeavour to conclude the arbitration proceedings and make an award within the time as stipulated under Section 29A(1) of the Act. The petition is disposed of in the above terms. No costs. (G.S. KULKARNI, J.)