Shree Venkatesh Films Pvt.Ltd v. Samir Karnik

70-arbap47-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.47 OF 2015 Shree Venkatesh Films Pvt. Ltd.

...Applicant V/s.

Samir Karnik

...Respondent

Mr.Manish Rai for the Applicant.

None for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 14TH OCTOBER, 2015.

P.C. :- 1.

Learned counsel appearing for the applicant tenders affidavit of service and submits that the respondent has been served by substituted service by publication of notice in the newspaper. The affidavit of service is taken on record . None appeared for the respondent though served. No affidavit in reply has been filed. 2.

By this application filed under section 11(6) of the Arbitration & Conciliation Act, 1996 (for short "Arbitration Act") the applicant has invoked arbitration agreement recorded in clause 14 of the arbitration agreement dated 27th December, 2010. Dispute arose between the parties. The applicant issued a notice on 24th December, 2013 invoking the arbitration agreement and suggesting the name of 1/2

70-arbap47-15 a counsel practicing in this Court. There is no response to the said notice. Since the respondent has not nominated any arbitrator, this application filed under section 11(6) of the Arbitration Act is maintainable. A perusal of the Distribution Agreement dated 27th December, 2010 indicates that the arbitration agreement exists between the parties.

3.

Mr.Naushad Engineer, Advocate having his address at Lentin Chambers, 1st Floor, 1-D,Dalal Street, Fort, Mumbai - 400 023 is appointed as a sole arbitrator.

4.

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

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