Shakti Enterprise v. Suresh Gurubuxsingh Wadhwa And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION ARBITRATION PETITION (L) NO.52 OF 2018 Shakti Enterprise ...

Petitioner versus Suresh Gurubuxsingh Wadhwa and Anr.

...

Respondents Mr. Pravin Samdani, Senior Advocate with Mr. Swapnil Khatri i/by M/s. Wadia Ghandy and Co., for Petitioner.

Mr. Chirag Balsara with Mr. Mahesh Menon, Mr. Sudalai Mani i/by M/s. Mahesh Menon and Co., for Respondents.

CORAM: S.J. KATHAWALLA, J.

DATE: 19TH JANUARY, 2018 P.C.:

1.

Heard the learned Advocates for the parties. Though the Arbitration Agreement provides for appointment of three arbitrators, the learned Advocates for the parties on instructions, have agreed that the disputes be referred to a sole arbitrator. In view thereof, the following order is passed by consent of the parties : (i) Mr. Mustafa Doctor, Senior Advocate, is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Agreement dated 10-05-2011.

(ii)The disclosure of Mr. Mustafa Doctor, Senior Advocate 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) is taken on record.

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carbpl 52 of 2018 (925).sxw (iii)The parties shall appear before the learned Arbitrator in his chambers, on 22 nd January, 2018 at 05.30 p.m. and obtain necessary directions. (iv)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 the same shall be disposed off on its own merits, within a period of 8 weeks from the date of this order. (v) The learned Advocate for the Respondents on instructions, states that the Respondents shall maintain status quo in respect of the suit property for a period of 8 weeks from today. The statement is accepted. (vi)The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (vii) All contentions of the parties are kept open. (viii) The cost of arbitration shall initially be borne by the parties equally. (ix) The venue of Arbitration shall be at Mumbai. (vii)In view of this order, the above Arbitration Petition is disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2