Mr. Kisan Dadarao Patole v. M/S. Shriram Transport Finance Company Ltd.

901-arbp-1528-2014.doc vsp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 1528 OF 2014 Kisan Dadarao Patole

...Petitioner

vs M/s. Shriram Transport Finance Company Limited

...Respondent

Mr. Bhalchandra Shinde, for the Petitioner.

Ms. Deepika Motagi a/w. Mr. Rajesh Kanojia, for the Respondent. CORAM : R.D. DHANUKA, J.

DATED: APRIL 29, 2015 P.C. :

.

By consent of the parties following order is passed: a) The impugned award dated 24th March, 2014 passed by the learned Sole Arbitrator in Arbitration Case No. 378 of 2013 is set aside. b) The parties have no objection if Mrs. Sunanda R. Kumbhat, Advocate c/o. High Court Library, Room No. 56, High Court, Mumbai is appointed as a Sole Arbitrator to adjudicate the disputes arising out of the loan agreement between the parties.

c) All contentions raised by the parties are kept open. 2.

The Petitioner undertakes to file a written statement before the learned Arbitrator within four weeks from today and shall serve a Pg 1 of 2

901-arbp-1528-2014.doc copy thereof upon the Advocate for the Respondent simultaneously. 3.

The learned Arbitrator shall make a fresh award without being influenced by the finding and observations rendered in the impugned award dated 24th March, 2014 and shall make a fresh award in accordance with the law.

4.

The parties have agreed not to take unnecessary adjournments before the learned Arbitrator and shall cooperate with the learned Arbitrator.

5.

Both the parties have agreed to pay the fees of the learned Arbitrator equally.

6.

The learned Arbitrator shall make endeavor to dispose of the Arbitration proceeding within six months from the date of first meeting.

7.

Arbitration Petition is disposed of in the aforesaid terms. 8.

There shall be no order as to cost.

( R.D. DHANUKA, J. ) Pg 2 of 2