Ampson Engineering Pvt. Ltd. v. Bajaj Allianz General Insurance Co. Ltd.

903-arbp829-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.829 OF 2017 Ampson Engineering Pvt. Ltd.

...Petitioner

V/s.

Bajaj Allianz General Insurance Co. Ltd.

...Respondent

Mr.Vishal Talsania i/b Motiwalla & Co. for the Petitioner. Mr.D.S. Joshi for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 16TH MARCH, 2018.

P.C. :- 1.

The erstwhile arbitrator has refused to accept the office as an arbitrator. Mr.S.C. Naidu, a counsel of this Court is appointed as the sole arbitrator in place of the erstwhile arbitrator. The parties are directed to proceed with the arbitral proceedings before the newly appointed arbitrator.

2.

The learned arbitrator is directed to proceed with the matter from the stage at which the proceedings were before the learned erstwhile arbitrator. Learned arbitrator shall make an endeavor to dispose of the proceedings within nine months from the date of the first meeting. The parties are directed to co-operate with each other and also with the learned arbitrator in disposing of the 1/2

903-arbp829-17 proceedings expeditiously.

3.

Insofar as the issue of limitation raised by the learned counsel for the respondent is concerned, this Court has already clarified in the order dated 25th February, 2013 while appointing the arbitrator that the said issue is kept open and can be agitated before the learned arbitrator.

4.

The arbitration petition is disposed of in aforesaid terms. No order as to costs.

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