Packwell Craft Pvt.Ltd. v. New India Assurance Co.Ltd.

906-carapl 132-19 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION (L.) NO.132 OF 2019 Packwell Craft Pvt.Ltd.

..Applicant Vs.

New India Assurance Co.Ltd.

..Respondent ----- Ms.Sharon Patole for Applicant.

Mr.Vipul Shukla i/b. Mr.Sanjay Shenoy for Respondent. ----- CORAM :

G.S. KULKARNI, J.

DATE :

16th APRIL, 2019 P.C.:

1.

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

2.

This is an application filed by the applicant under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, "the ACA") whereby the applicant has prayed for appointment of an arbitrator to adjudicate the disputes and differences between the parties which are stated to have arisen in terms of the Standard Fire and Special Perils Insurance Policy bearing No.140600/11/15/01/00006230 & 140600/11/15/01/00006234. 3.

After this application was heard for sometime, learned Counsel for the respondent submits that his client is agreeable for referring the disputes between the parties to a sole arbitrator. In view of the above consensus between the parties, application is required to be disposed of. Hence, the following order:-

906-carapl 132-19

ORDER

(i) Ms.Alpana Ghone, Advocate of this Court, is appointed as a sole Arbitrator to arbitrate the disputes and differences between the parties in terms of the Standard Fire and Special Perils Insurance Policy bearing No.140600/11/15/01/00006230 & 140600/11/15/01/00006234; (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 application is disposed of in the above terms. No costs. (vi) Office to forward a copy of this order to the learned Arbitrator on the following address:

address:

K K Chambers, 2nd Floor, Purshottamdas Thakurdas Marg, Off. D.N. Road, Fort, Mumbai - 400 001. Contact No. 9821087963.

[G.S. KULKARNI, J.]