Shri Rahul Devanand Ghule And ANR v. Shri. Ganesh Sopanrao Ghule And ORS

kpd 1 / 2 M-ARPst-34147-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION (ST) NO. 34147 OF 2018 Shri. Rahul Devanand Ghule and others ...

Petitioners

Versus

Mr. Ganesh Ghule and others ...

Respondents Ms. Sairuchita Chowdhary instructed by J. Shekhar & Co. for the Petitioners. Mr. Chaitanya B. Nikte alongwith Ms. Sneha Bhange for the Respondents. CORAM : S.J. KATHAWALLA, J.

DATED : 11 th FEBRUARY, 2019 P.C.:

1.

Not on board. Upon mentioning, taken on board. 2.

The Vakalatanama filed by the Learned Advocate appearing for Respondents in Arbitration Petition (St) No.34143 of 2018 shall be treated as Vakalatnama in the above Petition.

3.

Heard the Learned Advocates appearing for the parties and the following order is passed :- (a) Shri. S.R. Sathe, Former Judge of this Court is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Reconstituted Partnership Deed dated 30 th July, 2010.

(b) Shri. S.R. Sathe, Former Judge of this Court shall file his disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act,

kpd 2 / 2 M-ARPst-34147-2018.doc 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015 (Act No.3 of 2016) (the Act) on or before 18 th February, 2019.

(c) The venue of arbitration shall be at Pune.

(d) The Learned Arbitrator shall not grant adjournment/s to the parties unless absolutely necessary.

(e) The cost of arbitration shall initially be borne by the parties equally. (f) All contentions of the parties are kept open including whether the disputes referred to the Learned Arbitrator are arbitrable. In view of this order, the above Arbitration Petition is disposed off ( S.J.KATHAWALLA, J. )