Sam Business Continuity Services v. Polycab Wires Pvt. Ltd. And Inder Thakurdas Jaisinghani

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION ARBITRATION APPLICATION NO.95 OF 2017 SAM Business Continuity Services )....Applicant V/s.

Polycab Wires Pvt. Ltd. & Ors.

)....Respondents ---- Ms.Disha Karambar-Mulgaonkar a/w Ms.Priya Rita I/by M/s.Disha Karambar & Associates for the applicant.

Mr.Ramesh Tiwari I/by Bagla & Associates for respondents. ---- CORAM : K.R.SHRIRAM,J DATE : 24.9.2018 P.C.:- 1.

Both the parties, by consent, suggest the name of Mr.Justice Anoop V.Mohta (Retd.) former Judge of this court to be appointed as sole Arbitrator. Accordingly Mr.Justice Anoop V.Mohta (Retd.), Address : 4-A, "SAMATA", Gen.J.Bhosale Marg, Near Mantralaya, Mumbai-400 021, Tel No.022-22800261/022-22823762, is appointed as sole arbitrator to decide on all disputes arising out of and in connection with and relating to the agreement, copy whereof is at Exh.B to the petition including counter claim if any. 2.

All rights and contentions of the parties are kept open except to the challenge appointment of the Arbitrator and his jurisdiction. Arbitrarability is kept open. The fees and administrative KJ

2/2 6.CARAP95.17.doc expenses of the Arbitrator shall be shared equally between the parties and the same will be cost in the arbitral proceeding. The Arbitrator, within 2 weeks of receiving communication from either of the parties forwarding copy of this order, shall make directly to the parties disclosure in writing as required under Section 11(8) read with 12(1) of the Arbitration & Conciliation Act 1996.

3.

Application disposed accordingly.

Digitally signed by Jahagirdar Kiran Ganesh Date:

2018.09.27 14:25:00 +0530 (K.R.SHRIRAM,J) Jahagirdar Kiran Ganesh KJ