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Bombay High CourtARBP/529/2016disposed off

Resurgere Mines And Minerals India Ltd v. Vyagreshwar Mineral Industrial Producers Co-Operative Society And ANR.

2016-04-16Hon'Ble Shri Justice S.J. Kathawalla2 pages

arbp 529 of 2016 (919)-2.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.529 OF 2016 Resurgere Mines and Minerals India Ltd.

...

Petitioner versus Vyagreshwar Mineral Industrial Producers Co-operative Society and Anr.

...

Respondents Mr. Harinder Toor with Mr. S.B.Pawar, Ms. Swati Sawant i/by M/s. S.K.Legal Associates, for Petitioner.

Mr. Mayur Khandeparkar i/by Mr. Himanshu Kode, for Respondents. CORAM: S.J. KATHAWALLA, J.

DATE: 16 th APRIL, 2016 P.C.:

1.

By consent of the parties, Mr. Chirag Mody, Advocate, is appointed as Sole Arbitrator to decide the disputes between the parties arising out the Arbitration Agreement dated 22-10-2007. Mr. Chirag Mody, Advocate, has submitted his disclosure under Section 11 (8) read with Section 12 (1) of Arbitration and Conciliation Act, 1996, which is taken on record. The parties and their Advocates have gone through the same and have no objection to the same. 2.

The Petition filed before this Court shall be treated as Petition under Section 17 of the Act.

3.

The ad-interim order dated 23-03-2016 shall continue for a period of one week from today and the parties shall be at liberty to move the learned Arbitrator forthwith for ad-interim / interim relief.

ssp 1/2

arbp 529 of 2016 (919)-2.sxw 4.

The parties shall appear before the learned on 18 th April, 2016 at 5.00 p.m.

and obtain necessary directions in the matter to enable the learned Arbitrator to dispose off the ad-interim application within one week from the date of this order. 5.

All contentions of the parties including limitation are kept open. 6.

The learned Arbitrator shall dispose off ad-interim/interim application uninfluenced by the order passed by this Court dated 23-03-2016, which order was not passed on merits.

7.

The above Arbitration Petition is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2