Anjali Avinash Kulkarni And ANR v. M/S. Prabodh Arth Wardhini Pvt.Ltd. And 3 ORS.

sg arbp950-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.950 OF 2016 Anjali Avinash Kulkarni And Anr.

....Petitioners vs M/s. Prabodh Arth Wardhini Pvt. Ltd. And 3 Ors. ...Respondents .....

Mr. Ganesh Vaidya, a/w. Mr. V.L. Subramanianrajam, for the Petitioners. Mr. Sushil Nimbkar, for Respondent No.1.

Ms. Benita Kapadia, i/b. Indialaw, for Respondent No.4. ......

CORAM : S.C. GUPTE, J.

DATED: 11 FEBRUARY 2019 P.C.:

.

After the matter is heard at some length, it is agreed between both parties that the impugned awards of the appellate tribunal as well as the original arbitrator may be set aside and the matter remanded to a new arbitrator for a fresh hearing in accordance with law. It is agreed that the Petitioners will be entitled to supplement their original statement of claim forming part of the reference with material and grounds urged in the present petition. The Respondents will be entitled to furnish their additional written statement, in case any supplementary statement of claim is filed by the Petitioners. In their additional written statement, the Respondents shall indicate the relationship between the directors of Prabodh Arth Wardhini Pvt. Ltd and Prabodh Arth Sanchay Pvt. Ltd. and Darshan Gujarathi, who is Pg 1 of 2

sg arbp950-16.doc Respondent No.3 to the present petition. With these directions, the impugned award is set aside by consent and the reference is remanded to Mr. Rohaan Cama, Advocate, for a fresh hearing in accordance with law, subject to his disclosure and consent. The learned arbitrator shall dispose of the reference as expeditiously as possible and preferably within a period of four months from today.

( S.C. GUPTE, J. ) Pg 2 of 2