M/S. H.L Warehouse Corporation v. Lotus Refineries Ltd.

Nitin 1 / 2 907-ARBAP-103-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 103 OF 2015 M/s. Warehouse Corporation ...

Applicant

Versus

Lotus Refineries Pvt. Ltd.

...

Respondent Mr. Abhishek Bharti for the Applicant.

None for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 18 TH MARCH, 2016 P.C. :

1.

On 26 th February, 2016 this Court passed an order, paragraph 5 of which is relevant and is reproduced hereunder : :

"5.It is therefore clear that the Respondent has failed to appoint an Arbitrator to resolve their disputes. Hence, the following order :

i. The Court proposes to appoint Mr. Astad Randeria, Advocate to decide the disputes of the Applicant and the Respondent arising out of the C & F Agent Agreement dated 12th December, 2012. In view thereof, Mr. Astad Randeria, Advocate shall submit disclosure under Section 11 (8) read with Section 12 (1) of Arbitration and Conciliation Act, 1996.

ii. The Advocate for the Applicant shall forward a copy of this order to Mr. Astad Randeria, Advocate as well as to the Respondent.

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

iv.Stand over to 11 th March, 2016."

Nitin 2 / 2 907-ARBAP-103-2015 2.

Pursuant to the above order, Mr. Astad K. Randeria, Advocate has filed disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996. The disclosure is taken on record and the following order is passed by consent :

i.

The disputes arising out of the C & F Agent Agreement dated 12th December, 2012 between the parties are referred to the sole Arbitration of Mr. Astad K. Randeria, Advocate.

ii.

The parties shall appear before the learned Arbitrator in his chambers, on st April, 2016 at 5.00 a.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. 4.

A copy of this order shall be forwarded to the Respondent at its last known address by the Advocate for the Applicant. ( S.J.KATHAWALLA, J. )