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Bombay High CourtARBP/310/2015disposed off

M/S. Atr Cars Private Limited v. Volkswagen Group Sales India Pvt. Ltd.

2015-02-13Hon'Ble Shri Justice S.J. Kathawalla2 pages

Nitin 906-ARBPL-289-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 289 OF 2015 M/s. ATR Cars Private Limited ...

Petitioner

Versus

Volkswagen Group Sales India Private Limited ...

Respondent Mr. Davar i/b. Khaitan Sud and Partners for the Petitioner. Mr. Gaurav Joshi, Sr. Adv. a/w. Mr. Raj Panchmatia, Mr. Peshwan Jehangir, Mr. Anindya B., Mr. A. Lodha i/b. M/s. Khaitan and Company for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 13 TH FEBRUARY, 2015 P.C.

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

i.

The disputes and differences between the parties arising out of the Agreements dated 14th May, 2013, 6th January, 2012, 25th July, 2013 and 10th July, 2013 are referred to the sole Arbitration of Mr. J.P. Sen, Senior Advocate.

ii. The learned Arbitrator shall endeavour to pass his Award within a period of six months from the date of the first meeting held before him by the parties.

iii. The parties and their Advocates shall appear before the learned Arbitrator in his chamber on 18th February, 2015 at 5.00 p.m. and

Nitin 906-ARBPL-289-2015 obtain necessary directions.

iv. The Petition filed before this Court under section 17 of Arbitration and Conciliation Act, 1996 shall be treated as a Petition under section 9 of the Act by the learned Arbitrator. Reply to the Petition under section 17 of the Act shall be filed by the Respondent within a period of three weeks from the date of this order. The Application shall be decided by the learned Arbitrator within a period of twelve weeks from the date of the first meeting held before him by the parties and their Advocates.

v. The cost of arbitration shall initially be borne by the parties equally. vi. All contentions of the parties are kept open. vii.The venue of arbitration shall be at Mumbai. The above Arbitration Petition is accordingly disposed of. (S.J. KATHAWALLA, J.)