Arjandas Teckchand Kashyap And 3 ORS. v. Smt. Pooja Jaiprakash Pamnani And 15 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.142 OF 2014 Arjandas Teckchand Kashyap and Ors.

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Applicants versus Pooja Jaiprakash Pamnani and Ors.

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Respondents Mr. Chetan Kapadia with Mr.Satishkumar Srivastav, Ms. Simeen Shaikh, Mr. Abbas Zaidy and Mr. Rashmi Patil i/by M/s. S.K.Srivastava and Co., for Applicants.

Mr. R.V.Govilkar, for Respondent No.5.

Mr. H.B.Takke, for Respondent Nos.12 and 13.

CORAM: S.J. KATHAWALLA, J.

DATE: 11th FEBRUARY, 2015 P.C.:

1.

Heard the learned Advocates for the parties. None appear for the other Respondents. The disputes between the parties have arisen out of Partnership Agreement dated 15-01-1979 read with the Partnership Deed dated 09-06-1980. Admittedly, both the Partnership Deeds contain an arbitration clause. Since disputes arose between the parties, by an order dated 28-02-2004, this Court appointed Mr. Sailesh Shah, Advocate, as an Arbitrator to resolve the disputes between the parties. Mr. Shah recused himself from the matter and thereafter, Mr. Justice A.B.Palkar (Retired) was appointed as a Sole Arbitrator. Justice Palkar passed away on 21-05-2008. Thereafter, by an order 1/3

dated 20-12-2013, this Court appointed Mr. Justice B.A.Naik (Retired) as a Sole Arbitrator to decide the disputes between the parties. Justice Naik recused himself to act as a Sole Arbitrator for reasons recorded in the Minutes of Minutes dated 10-04-2014. In view thereof, the Applicants have taken out the present Application for substitution and appointment of a Sole Arbitrator. None appear for the Respondents, except Respondent Nos.5, 12 and 13. 2.

In the above circumstances, I am satisfied that a sole arbitrator is required to be appointed in place of Mr. Justice B.A. Naik (Retired). In view thereof, the following order is passed by consent of the Applicants, Respondent Nos.5, 12 and 13 :

(i) Mr. Vishal Kanade, Advocate, is appointed as a Sole Arbitrator to decide the disputes between the parties.

(ii) The parties shall appear before the learned Arbitrator on 13-022015 at 5.30 p.m., in his Chambers and obtain necessary directions in the matter.

(iii) The learned Arbitrator shall endeavour to pass his Award within a period of six months from the date of this order. (iv) All contentions of the parties are kept open. (v) The cost of arbitration shall initially be borne by the Applicants and the Respondents equally, i.e. 50% each.

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(vi) The above Arbitration Application is accordingly disposed of. ( S.J.KATHAWALLA, J. ) 3/3