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Bombay High CourtARBP/988/2013disposed off

Bharati Navnit Raithatha v. Ishwerlal K Parekh And Mahesh Bakhai

2019-02-18Hon'Ble Shri Justice S.C. Gupte2 pages

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19. ARBP 988-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.988 OF 2013 Bharati Navnit Raithatha ...

Petitioner

Versus

Ishwerlal K. Parekh And Another ...

Respondents .....

Ms. Ayesha Damaria I/b Mr Sainand Chaugule for the Petitioner. Dr. Birendra Saraf I/b Mr. B.B. Parekh for the Respondents. .....

CORAM : S.C. GUPTE, J.

DATE : 18 FEBRUARY 2019 P. C. :

.

After the matter is heard at some length, it is agreed between learned Counsel of both parties that the impugned award dated 21 March 2013 may be set aside by consent, to the extent it relates to Claim Nos. 2 and 8 as also to the extent the Petitioner's application for amendment for adding a claim of share in the profits earned after dissolution of the partnership firm, and these particular claims/disputes may be referred to a new Arbitrator. Accordingly, Tanmayi Rajadhyakshya Gadre, Advocate, is appointed as a Sole Arbitrator to hear the disputes so far as they relate to Claims Nos. 2 and 8 of the Petitioner's claim and the application for amendment of the statement of claim so as to include a prayer in respect of sharing of profits earned by the firm after its dissolution, afresh and in accordance with law. The arbitrator shall hear the reference expeditiously and endeavor to dispose of the same within a period of six months of entering upon the same. All rights and contentions of the parties on merits

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19. ARBP 988-13.doc are kept open. The Arbitration Petition is disposed of in above terms. (S.C. GUPTE, J.)