Bababhai Enterprises v. H.D.F.C Bank Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.348 OF 2017 Baba Bhai Enterprises .. Petitioner Vs.

HDFC Bank Ltd.

.. Respondent Mr. Bhooshan Mandlik, i/by Mr. Shriniwas S. Patwardhan, for the Petitioner. Mr. Vivek Patil, i/by Vivek Patil & Associates, for the Respondent. CORAM : A. K. MENON, J.

TH FEBRUARY, 2022.

DATE : 8 [ THROUGH VIDEO CONFERENCE ] P.C. :

1.

This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996, pending since 2017. There is no ad-interim order that has been sought at any stage. However, today, parties have agreed that they will refer all disputes between them to arbitration of the Sole Arbitrator. They have identified a Sole Arbitrator and accordingly they invite this court to pass an order by consent.

2.

In view thereof, I pass the following order :- (i) By consent, Mr. Karan Bhosale, Advocate, is appointed as Sole Arbitrator to adjudicate upon the disputes between the parties in relation to the agreement forming subject matter of this petition.

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(ii) The learned Arbitrator is requested to file his disclosure statement under Section 11(8) and Section 12(1) within a period of three weeks from today with the Prothonotary and Senior Master and provide copies thereof to the parties.

(iii) Parties to appear before the Sole Arbitrator on a date to be fixed by him at the earliest possible.

(iv) Fees payable to the Sole Arbitrator will be in accordance with the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.

(v) In view thereof, no further relief is required to be granted in this petition. Petition therefore rendered infructuous. Accordingly, the petition is disposed. (vi) No costs.

(A.K. MENON, J.) 2/2 by SNEHA ABHAY DIXIT Date:

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