Pankaj Shyam Chawla v. Vikas Madan Jagsia And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.43 OF 2016 Pankaj Shyam Chawla ....Applicant Vs.

Vikas Madan Jagasia and Anr.

....Respondents ---- Mr. Rajesh Hiranand Mirchanda for applicant.

Mr. Pradeep J. Thorat for respondents.

---- CORAM : K.R.SHRIRAM, J.

DATE : 2nd NOVEMBER, 2017 P.C.:

The counsel for applicant and respondents state that their respective clients are ready and willing to go for arbitration to resolve all disputes and differences arising out of or in connection with or relating to Memorandum of Understanding dated 31st March, 2011. The counsel jointly request that Mr. Sanskar Marathe, an Advocate practicing in this Court, be appointed as Arbitrator.

Accordingly, Mr. Sanskar Marathe, an Advocate, is appointed as Sole Arbitrator. The fees of the Arbitrator, administrative expenses, typing charges and venue charges to be shared equally between the parties, i.e., 50% by applicant and 50% by respondents and the same shall be subject to cost in the arbitral proceedings.

Mr. Thorat, counsel for respondents states that respondents will not raise the issue of arbitrability or the correctness of the service Gauri Gaekwad

2/2 910.ARBAP-43-2016.doc invoking or regarding the invocation of arbitration. All other rights and contentions of the parties are kept open.

The Arbitrator within three weeks from today shall address a communication to the Advocate for applicant and Advocate for respondents as required under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996.

Liberty to apply.

Application accordingly stands disposed.

(K.R. SHRIRAM, J.) Gauri Gaekwad