Sheikh Israr v. Tata Motors Finance Ltd

arbp317-13 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.317 OF 2013 Shaikh Israr

...Petitioner

V/s.

Tata Motors Finance Ltd., formerly TML Financial Services Ltd.

...Respondents

Ms.M.Biswas for the Petitioner.

Mr.Chinmay Gupte i/b Mohit Gadkari & Co. for the Respondents. CORAM : R.D. DHANUKA, J.

DATE : 6TH FEBRUARY, 2015.

P.C. :- 1.

By consent of the parties, the following order is passed :- i).

The impugned award dated 09.01.2013 rendered by the learned arbitrator is set aside. The parties have agreed for remand of the matter to a new arbitrator viz. Ms.Kainaz Irani for adjudication of the dispute de-novo.

ii).

The petitioner has agreed to file the written statement along with compilation of documents within four weeks from today before the learned arbitrator and shall serve a copy thereof to the respondents' advocate simultaneously. Both the parties are at liberty to file further evidence before the learned arbitrator. 1/2

arbp317-13 iii).

All contentions of both the parties are kept open. The learned arbitrator shall decide the matter afresh in accordance with law and without being influenced by the findings and observations made by the learned arbitrator in the impugned award. iv).

Both parties have agreed to co-operate with each other and with the learned arbitrator and will not seek unnecessary adjournment.

v).

The learned arbitrator is requested to dispose of the arbitral proceedings within six months from the date of the first meeting.

vi).

The parties have agreed to appear before the learned arbitrator on 20.02.2015 at 5:30 p.m. in the chambers of the learned arbitrator subject to her convenience.

2.

The arbitration petition is disposed of in the aforesaid terms.

No order as to costs.

(R.D. DHANUKA, J.) 2/2