Remi Sales And Engineering Ltd v. Godrej And Boyce Mfg. Co. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.38 OF 2018 Remi Sales and Engineering Ltd.

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Applicant versus Godrej and Boyce Mfg. Co. Ltd.

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Respondent Ms. Deepti Panda with Mr. Harshil M. Parekh i/by M/s. Purnanand and Co., for Applicant.

Mr. Mandar Soman, for Respondent.

CORAM: S.J. KATHAWALLA, J.

DATE: 19 th APRIL, 2018 P.C.:

1.

On 12 th April, 2018 this Court passed a detailed order, the operative portion of which is reproduced hereunder :

"i. The Court proposes to appoint Mr.Akshay Patil, Advocate, as a sole Arbitrator to decide the disputes between the Applicant and the Respondent arising out of the Purchase Order dated 24th August, 2016 as revised on 7 th December, 2016.

ii.

Mr. Akshay Patil, Advocate shall on or before 19 th April, 2018 submit his disclosure 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.

iii.The Advocate for the Applicant shall forward a copy of this order to Mr.

Akshay Patil, Advocate.

iv. The Advocate for the Applicant shall also serve a copy of this order on the Respondent by hand delivery at their last known addresses. 1/3

v. All concerned to act on an ordinary copy of this order, duly authenticated by the Associate of this Court.

vi. Stand over to 19 th April, 2018.

"

2.

Pursuant to the said order, Mr. Akshay Patil, Advocate, has filed his disclosure 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), which is taken on record. The learned Advocates for the parties have submitted that they have gone through the disclosure filed by the learned Arbitrator and have no objection to the same. In view thereof, the following order is passed :

(i) Mr. Akshay Patil, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Purchase Order dated 24th August, 2016 as revised on 7 th December, 2016.

(ii)The parties shall appear before the learned Arbitrator in his chambers, on 20 th April, 2018 at 5.00 p.m. and obtain necessary directions. (iii)The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (iv)All contentions of the parties are kept open. (v) The cost of arbitration shall initially be borne by the parties equally. (vi) The venue of Arbitration shall be at Mumbai. 2/3

(vii)In view of this order, the above Arbitration Application is disposed of. ( S.J.KATHAWALLA, J. ) 3/3