V. Krishnamurty, v. Union Of India And 3 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 493 OF 2018 V. Krishnamurty ... Petitioner

Versus

Union of India & Ors.

...Respondents

---- Mr. Rajesh Gehani a/w Mr. Mahendra Agvekar and Ms. Shraddha Chavan for Petitioner.

Mr. Chetan C. Agrawal for Respondent.

---- CORAM : K.R.SHRIRAM, J.

DATED : 18th FEBRUARY 2021.

P.C. :

1.

Parties have entered into the Consent Minutes of Order dated 18th February, 2021 which is signed by petitioner's constituted authority and respondent's authorised signatory and their respective advocates. Mr.Gehani and Mr. Agrawal state that Mr. Kamath and Mr. Sanap who have signed Consent Minutes of Order are present in the court on line and identify them. Mr. Sanap informs the court that he is authorised to sign this Consent Minutes of Order. Statement accepted.

2.

The Consent Minutes of Order is taken on record and marked "X" for identification.

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For ease of reference, the Consent Term is scanned and reproduced herein below :-

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Accordingly, Mr. Harshad Sathe, Advocate is appointed as Sole Arbitrator to decide old disputes between the parties including claims and counter claims as mentioned in the Consent Minutes of Order. Mr. Sathe to file his disclosures under Section 11 (8) and 12 (1) of the Arbitration and Conciliation Act, 1996 directly to the Advocate for the parties. 5.

It is clarified by Mr. Agrawal and Mr. Gehani that the arbitrator to consider the admissibility and relevance of the newly introduced documents by the parties need not call for evidence to be recorded to prove the documents and they shall accept decision of the arbitrator on the admissibility and relevance of the documents without having to prove them. 6.

The earlier arbitrator whose award has been quashed and set aside shall, within three weeks of receiving communication from either petitioner or respondent or Mr. Sathe, hand over all pleadings and documents filed before him. Mr. Agrawal states that Mr. Sanap will inform the earlier arbitrator today itself to supply all documents and pleadings so that the newly appointed arbitrator will be able to proceed expeditiously in hearing the matter.

7.

Fees and administration expenses alongwith venue charges, if any of the arbitrator, shall be shared equally between petitioner and respondent and same shall be subject to cost in the arbitral proceedings. It

10/10 is clarified that the arbitration proceedings are between petitioner and respondent nos. 2 and 3.

8.

Petition accordingly stands disposed.

9.

All to act on authenticated copy of this order. (K.R. SHRIRAM, J.)