Castclass A.B. v. Live Pages Infotech Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.77 OF 2018 Castclass A.B.

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Applicant versus Live Pages Infotech Pvt. Ltd.

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Respondent WITH ARBITRATION PETITION NO.308 OF 2018 Ms. Archana Deshmukh with Mr. Ashwin Vasista i/by M/s. Singhania and Co., for Applicant.

Mr. Jahangir Altaf Khan, for Respondent.

CORAM: S.J. KATHAWALLA, J.

DATE: 19 th APRIL, 2018 P.C.:

1.

On 13 th April, 2018 this Court passed the following order : "1.There is no dispute qua the existence of the arbitration agreement. In view thereof, the following Order is passed by consent : i. The Court proposes to appoint Mr.Rohan Savant, Advocate as a sole Arbitrator to decide the disputes between the Applicant and the Respondent arising out of the Agreement dated 29th October, 2014.

ii. Mr. Rohan Savant, Advocate shall on or before 19 th April, 2018 submit 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.

iii.Stand over to 19 th April, 2018.

"

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2.

Pursuant thereto, Mr. Rohan Sawant, Advocate, has filed 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 (3 of 2016), which is taken on record. The learned Advocates for the parties have submitted that they have gone through the disclosure filed by the learned Arbitrator and have no objection to the same. In view thereof, the following order is passed : (i) Mr. Rohan Sawant, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Agreement dated 29 th October, 2014.

(ii)The parties shall appear before the learned Arbitrator in his chambers, on 24 th April, 2018 at 5.00 p.m. and obtain necessary directions. (iii)The present Petition filed under Section 9 of the Act, shall be treated as a Petition under Section 17 of the Act, by the learned Arbitrator and decided the same within a period of 8 weeks from today.

(iv)The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (v) All contentions of the parties are kept open. (vi) The cost of arbitration shall initially be borne by the parties equally. (vii) The venue of Arbitration shall be at Mumbai. 2/3

(viii)In view of this order, the above Arbitration Application as well as Arbitration Petition are disposed of.

( S.J.KATHAWALLA, J. ) 3/3