Global Offshore Services Limited. v. Bhambhani Shipping Limited.

10-arbap 68-19 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.68 OF 2019 Global Offshore Services Ltd.

..Applicant Vs.

Bhambhani Shipping Ltd.

..Respondent ----- Ms.Rishika Harish i/b. Mr.Pravin Padve for Applicant. Mr.Prashant Dingrai for Respondent.

----- CORAM :

G.S. KULKARNI, J.

DATE :

16th JULY, 2019 P.C.:

Heard learned Counsel for the applicant and learned Counsel for the respondent.

2.

This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, "the Act") whereby the applicant has prayed for appointment of an arbitral tribunal to adjudicate the disputes and differences between the parties which are stated to have arisen under the Charter Party Contract dated 8 August 2018. The arbitration agreement between the parties is contained in clause 34 of the said contract. There is no dispute on the existence of an arbitration agreement.

3.

Learned Counsel for the respondent on instructions is also agreeable that the disputes and differences between the parties be referred for adjudication by appointing a sole arbitrator.

10-arbap 68-19 4.

In view of the consensus between the parties, the application is required to be allowed. Hence the following order:-

ORDER

(i) Mr.Sriniwas S.Bobde, Advocate of this Court, is appointed as a prospective sole Arbitrator to arbitrate the disputes and differences between the parties under the Charter Party Contract dated 8 August 2018;

(ii) The learned prospective sole arbitrator, fifteen days before entering the arbitration reference, shall forward a statement of disclosure as per the requirement of Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996, to the Prothonotary & Senior Master of this Court, to be placed on record of this application with a copy to be forwarded to both the parties; (iii) At the first instance, the parties shall appear before the prospective arbitrator within 15 days from today on a date which may be mutually fixed by the prospective sole arbitrator; (iv) All contentions of the parties on merits of the disputes are expressly kept open;

(v) The fees payable to the arbitral tribunal shall be in accordance with the Bombay High Court (Fee Payable to the Arbitrators) Rules, 2018;

(vi) The application is disposed of in the above terms. No costs. (vii) Office to forward a copy of this order to the learned Arbitrator on the following address:

"Chamber of Mr.Sharan Jagtiani, Ground Floor, Ovaz House, Off.Nagindas Master Road, Fort, Mumbai.

Contact No. 9619846066."

[G.S. KULKARNI, J.]