Keycrop Commodities Private Limited v. Satish Upadhyay, Sole Proprietor Of Vada Agro

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO.149 OF 2023 Keycrop Commodities Private Limited ...

Applicant Vs.

Satish Upadhyay, Sole Proprietor of Vada Agro ...

Respondent Ms. Apurva Mehta for Applicant.

Mr. Nikhil Dongre a/w. Mr. Abhishek Wakhle for Respondent. CORAM : MANISH PITALE, J.

DATE : SEPTEMBER 08, 2023 MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2023.09.11 10:17:40 +0530 P.C. :

.

By this application filed under Section 11 of the Arbitration and Conciliation Act, 1996, the applicant has approached this Court for appointment of arbitrator in the context of arbitration clauses contained in five contracts executed between the parties. The contracts pertain to sale and purchase of dried raw cashew nuts. Disputes arose between the parties and in that context, by a notice dated 20.12.2022, the applicant invoked the arbitration clauses in respect of all the five contracts and proposed resolution of disputes through arbitration before a sole arbitrator named in the invocation notice.

2.

By an e-mail dated 17.01.2023, the respondent agreed to resolution of disputes through arbitration and also agreed to consolidation of all the pending disputes pertaining to the five contracts with the venue being Mumbai. The respondent proposed the arbitration to be conducted under the aegis of Mumbai Centre of International Arbitrations but the applicant is not agreeable to the same, as a consequence of which, the agreed procedure for appointment of arbitrator has failed, necessitating filing of the present application. 1/3

3.

This Court has considered the material on record and it is evident that jurisdiction under Section 11(6) of the said Act can be exercised by this Court for appointment of arbitrator. Although the arbitration clauses do not specify the place of arbitration, the parties have agreed before this Court that Mumbai shall be the place of arbitration. The parties have also agreed for consolidation of all their disputes pertaining to the five contracts, to be resolved through arbitration before a sole arbitrator. 4.

It is indicated that apart from the claims that the applicant is raising, the respondent would also be raising counter-claims, and therefore, considering the extent of claims and counter-claims to be raised by the rival parties, it would be appropriate that a former Judge of this Court is appointed as the sole arbitrator. 5.

In that light, Justice Roshan Dalvi, a former Judge of this Court is appointed as the sole arbitrator for resolution of disputes between the parties. The details of the learned arbitrator are as follows:- Hon'ble Smt. Justice Roshan Dalvi 202, Siddhant, Madhusudan Kalelkar Road, Kalanagar, Bandra (East), Mumbai - 23.

6.

Parties undertake to inform the learned arbitrator at the earliest about the order passed today.

7.

Learned Arbitrator is requested to communicate her consent and disclosure statement in terms of Section 11(8) and 12(1) of the aforesaid Act to the Prothonotary and Senior Master of this Court, within four weeks from today.

8.

The statement of claim shall be filed within two weeks of appearance of the parties before the learned Arbitrator. 2/3

9.

The fees of the learned Arbitrator shall be fixed in terms of the Fourth Schedule to the aforesaid Act.

10.

All questions are kept open for decision by the learned arbitrator. 11.

As noted hereinabove, the parties have agreed for consolidation of all their disputes pertaining to the five contracts in respect of which invocation notice was issued by the applicant, for resolution through arbitration.

12.

The application stands disposed of.

(MANISH PITALE, J.) Minal Parab 3/3