Shiva Shakti Capital Pvt. Ltd. v. Wonderland Films And 3 ORS.

arbpl 85 of 2018 (929).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO.85 OF 2018 Shiva Shakti Capital Pvt. Ltd.

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Petitioner versus Wonderland Films and Ors.

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Respondents Mr. Rohaan Cama with Mr. Anish, Mr. Sunil Zalmi, Ms. Ekta Jhaveri, Ms. Arya Prabhu i/by M/s. MZD Legal Consultancy, for Petitioner. Mr. Shaikh Mohd. Ibrahim i/by Mr. Rizwan Alam Siddiquee, for Respondent Nos.1 to 3.

CORAM: S.J. KATHAWALLA, J.

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

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Heard the learned Advocates appearing for the parties and the following order is passed by consent :

(i) Mr. Vishal Kanade, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Production Services Agreement dated 05-09-2017.

(ii)The disclosure of Mr. Vishal Kanade, 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.

(iii)The parties shall appear before the learned Arbitrator in his chambers, on 22 nd January, 2018 at 5.30 p.m., and obtain necessary directions. ssp 1/2

arbpl 85 of 2018 (929).sxw (iv)The present Petition shall be treated as a Petition under Section 9 of the Act and decided by the learned Arbitrator within a period of two weeks from the date of this order. The Respondents shall file Reply if any on or before 22nd January, 2018 and rejoinder if any, shall be filed on or before 24th January, 2018. The Respondents shall also be at liberty to file a Petition under Section 17 of the Act, which too shall be decided along with the present Petition, if filed on or before 22-01-2018. The Petitioner shall file their Reply if any by 24 th January, 2018 and Rejoinder if any shall be filed on or before 27 th January, 2018.

(v) The goods which are lying with the Respondent No.4 may be released upon necessary payments being made by the Petitioner. However, the Petitioner shall not hand over/part with the material/goods so released for a period of 14 days or such earlier period as directed by the learned Arbitrator. (vi)The learned Arbitrator shall endeavour to pass his final Award within a period of four 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. (x) In view of this order, the above Arbitration Petition is disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2