Schindler India Pvt Ltd v. M/S Villayatiram Mittal Private Limited

arbap 282 of 2016 (933).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.282 OF 2016 Schindler India Pvt. Ltd.

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Applicant versus M/s. Villayatiram Mittal Pvt. Ltd.

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Respondent Ms. Tajashree Savratkar i/by M/s. Navdeep Vora and Associates, for Applicant. None for Respondent.

CORAM: S.J. KATHAWALLA, J.

DATE: 15th DECEMBER, 2016 P.C.:

1.

A reasoned order was passed by this Court dated 9 th December, 2016, operative portion of which is reproduced hereunder : "i. The Court proposes to appoint Mr. Ish Jain, Advocate to decide the disputes of the Applicant and the Respondent arising out of the Contract dated 27th March, 2009. In view thereof, Mr. Ish Jain, Advocate shall submit disclosure under Section 11 (8) read with Section 12 (1) of Arbitration and Conciliation Act, 1996.

ii. The Advocate for the Applicant shall forward a copy of this order to Mr. Ish Jain, Advocate.

iii. Stand over to 15th December, 2016."

2.

Accordingly, Mr. Ish Jain, Advocate, has filed his disclosure under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996, ssp 1/2

arbap 282 of 2016 (933).sxw which is taken on record and the following order is passed : (i) Mr. Ish Jain, Advocate, is appointed as a Sole Arbitrator to decide the disputes of the Applicant and the Respondent arising out of the Contract dated 27th March, 2009.

(iii)The parties and their Advocates shall appear before the learned Arbitrator in his chambers, on 22 nd December, 2016 at 05.30 p.m. and obtain necessary directions.

(iii)The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (iv) All contentions of the parties are kept open. (v) The cost of arbitration shall initially be borne by the parties equally. (vi) The venue of Arbitration shall be at Mumbai. (vi)In view of this order, the above Arbitration Application is disposed of. (vii)A copy of this order shall be forthwith forwarded to the Respondent by the Advocate for the Applicant by Speed Post A.D. ( S.J.KATHAWALLA, J. ) ssp 2/2