Ali Ahmed Sagir Khan v. A Limitless Construction And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION ARBITRATION PETITION NO.555 OF 2019 Ali Ahmed Sagir Khan ..

Petitioner

Versus

A Limitless Constgruction & Anr.

..

Respondents Mr. Pankaj Pandey with Smit Nagda for petitioner Mr. Kapil Shetye for respondent No.2.

CORAM

:

G.S.KULKARNI, J.

DATE :

10th June 2019.

P.C.

Respondent shall file reply affidavit to this petition with a advance copy to the petitioner. S.O. two weeks. In the mean time, the parties also shall not issue any cheques from the partnership account and enter into any third party rights in respect of partnership assets.

2] Rejoinder, if any, be also placed on record before the returnable date. At this stage learned Counsel for the parties submit that they are agreeable for adjudication of the disputes by

appointing a sole arbitrator.

3] In view of the consensus of the parties Mr. Vaibhav Sughdare, Advocate practicing in this Court is appointed as sole arbitrator to adjudicate upon the disputes under the partnership deed.

4] A statement of disclosure dated 10th June 2019 as per the requirement of Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996 is placed on record on behalf of the petitioner and the same is marked "X" for identification. 5] Learned Arbitrator to endeavour and adjudicate the disputes as expeditiously as possible and shall publish an award within the time limit as mandated under section 29A of the Arbitration & Conciliation Act, 1996.

6] The fees payable to the Arbitral Tribunal shall be as prescribed under the Bombay High Court (Fees Payable to Arbitrators) Rules, 2018.

7] At the first instance the parties shall appear before the learned Sole Arbitrator within one week from today, on a date which may be mutually fixed by the sole arbitrator. 8] All contentions of parties on merits of the matter are expressly kept open. Petition disposed of in the above terms. No costs. Office to forward a copy of this order to the learned Arbitrator appointed at the following address:- Mr. Vaibhav Sugdare, Advocate, A1-A-2, Fort Chambers, 4th floor, Above Stock Exchange Post Office, Ambalal Doshi Marg, Fort, Mumbai 400 001.

(G.S.KULKARNI, J.)