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Bombay High CourtARP/1/2018disposed off

Manish Morarji Palan, Sole Prop.M/S. Soniya Construction And Development v. Chandrakant Krishna Mali And ANR

2018-12-10Hon'Ble Shri Justice S.J. Kathawalla2 pages

kpd 1 / 2 951-ARP-1-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 1 OF 2018 Manish Morarji Palan ...

Petitioner

Versus

Chandrakant Krishna Mali and another ...

Respondents Mr. Y.S. Bhate instructed by Mr. Anil P. Bagwe for the Petitioner. Mr. V.P. Vaidya instructed by Mr. Mahendra M. Agavekar for Respondent Nos.1 and 2.

CORAM : S.J. KATHAWALLA, J.

DATED : 10 th DECEMBER, 2018 P.C.:

1.

Heard the Learned Advocates appearing for the parties and the following order is passed, by consent :- (a) Mr. Vishal Kanade, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Agreement dated 6 th April, 2015.

(b) Advocate Vishal Kanade shall file 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) on or before 13 th December, 2018.

(c) The parties and/or their Advocates shall appear before the Learned Arbitrator in his Chambers on 14 th December, 2018 at 5.00 p.m. and obtain necessary directions.

kpd 2 / 2 951-ARP-1-2018.doc (d) The venue of arbitration shall be at Mumbai.

(e) The Learned Arbitrator shall endeavour to pass his final Award within a period of six months from today. The Learned Arbitrator shall not grant adjournment/s to the parties unless absolutely necessary. (f) The cost of arbitration shall initially be borne by the parties equally. (g) All contentions of the parties are kept open. 2.

In view of this order, the above Arbitration Petition is disposed off. However, the above matter shall appear on 13 th December, 2018 for taking the disclosure on record.

( S.J.KATHAWALLA, J. )