Kantilal Gunshi Gada v. Rajendra A. Shah And 2 ORS

carbpl 362 of 2018 (926).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION ARBITRATION PETITION (L) NO.362 OF 2018 Kantilal Gunshi Gada ...

Petitioner versus Rajendra A. Shah and Ors.

...

Respondents Mr. Sharan Jagtiani with Mr. Farid Karachiwala, Mr. Sahil Saiyed, Mr. Bahraiz Irani i/by M/s. Wadia Ghandy and Co., for Petitioner. Mr. Vikas Rele i/by Mr. Sameer Bhalekar, for Respondent No.3. CORAM: S.J. KATHAWALLA, J.

DATE: 12 th APRIL, 2018 P.C.:

1.

Heard the learned Advocates appearing for the parties and the following order is passed by consent :

(i) The disputes between the parties arising out of the partnership deed dated 19 th April, 2010 are referred to the sole arbitration of Mr. Rashmin Khandekar, Advocate.

(ii)The disclosure of Mr. Rashmin Khandekar, Advocate under Section 11

(8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016) is taken on record.

(iii)The parties shall appear before the learned Arbitrator in his chambers, on 14 th April, 2018 at 11.00 a.m. and obtain necessary directions. ssp 1/2

carbpl 362 of 2018 (926).sxw (iv)The present Petition filed under Section 9 shall be treated as a Petition under Section 17 of the Act by the learned Arbitrator and the learned Arbitrator shall endeavour to dispose of the same within a period of 8 weeks from the date of this order.

(v) The order dated 6 th April, 2018 passed in the above Petition shall continue till disposal of the Application under Section 17 and two weeks thereafter. (vi)The Respondents shall be at liberty to file a counter claim before the learned Arbitrator.

(vii)The learned Arbitrator shall not grant adjournments to the parties unless absolutely necessary.

(viii) All contentions of the parties are kept open. (ix) The venue of Arbitration shall be at Mumbai. (x) In view of this order, the above Arbitration Petition is disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2