Jyotindra Vishanji Shah And 2 ORS. v. Dipen Jayant Shah @ Gogari And ANR.

Dusane 1/2 arbap67.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.67 OF 2015 Jyotindra V. Shah & Others ....

Applicants Vs.

Dipen Jayant Shah @ Gogri & Anr.

....

Respondents Mr. Yogendra Rajgor i/by Legal Chartered for the Applicants. Mr. Swanand Ganoo i/by Rajesh Ravindranan, Advocate for the respondents.

Coram : Smt. R.P. SondurBaldota, J.

Date : 23rd November, 2015.

P.C. :

This application filed under Section 11 of the Arbitration and Conciliation Act, 1996 is for appointment of an Arbitrator. Mr. Ganoo, the learned advocate for the respondents states that appearance of Mr. Rajesh Ravindranan will be filed on behalf of the respondents and seeks time to file affidavit-inreply. Perusal of the application shows that there is no dispute as regards existence of the arbitration agreement and arbitrable dispute. But apparently, the parties have not been able to settle upon the name of the Arbitrator. In that circumstance, no reply is really required to the application and the application can be disposed off immediately. The Arbitration Application is therefore

Dusane 2/2 arbap67.2015 allowed. Advocate, Mr. Atul Daga, is appointed as an Arbitrator to arbitrate the dispute between the parties. Needless to say that all the questions on merits of the dispute are left open for consideration of the Arbitrator.

(Smt. R.P. SondurBaldota, J.)