Pravin Sesappa Kotian v. Pramod Sesappa Kotian And ANR

Nitin 1 / 2 934-ARBAP-78-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 78 OF 2015 Pravin Sesappa Kotian ...

Applicant

Versus

Pramod Kotian and Anr.

...

Respondents Mr. Hardhay Khurana i/b. LJ Law for the Applicant. Mr. Suprabh Jain i/b. Anil D'souza for the Respondent No. 1. CORAM : S.J. KATHAWALLA, J.

DATED : 16 th FEBRUARY, 2016 P.C. :

1.

On 12 th February, 2016 this Court passed the following order : "1. The Applicant and Respondent Nos. 1 and 2 are present in Court. They have informed the Court that they have no objection if a sole Arbitrator is appointed to decide all the disputes between the parties arising out of the Partnership Agreement dated 1st April, 1995 (Exhibit-A to the Application).

In view thereof, by consent of the parties, the Court proposes to appoint Mr. Ankit Lohia, Advocate, as a sole Arbitrator. In view thereof, Mr. Ankit Lohia shall submit disclosure under Section 11 (8) read with Section 12 (1) of Arbitration and Conciliation Act, 1996.

2. The Advocates for the parties shall forward a copy of this order to Mr. Ankit Lohia, Advocate.

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

4. Stand over to 16th February, 2016.

"

2.

Pursuant to the above order, Mr. Ankit Lohia, Advocate has filed disclosure under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996. The same is taken on record and the following order is

Nitin 2 / 2 934-ARBAP-78-2015 passed by consent :

i.

The disputes arising out of the Partnership Agreement dated 1 st April, 1995 (Exhibit-A to the Application) between the parties are referred to the sole Arbitration of Mr. Ankit Lohia, Advocate.

ii.

The parties shall appear before the learned Arbitrator in his chambers, on th February, 2016 at 5.30 p.m. and obtain necessary directions. iii.

The cost of arbitration shall initially be borne by the parties equally. iv.

All contentions of the parties are kept open. v.

The venue of Arbitration shall be at Mumbai.

3.

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