Jmc Project (India) Limited v. Vadraj Cement Limited (Formerly Known As Abg Cement Ltd.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION ARBITRATION APPLICATION NO.83 OF 2017 JMC Project (India) Ltd.

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Applicant versus Vadraj Cement Ltd.

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Respondent Mr. Jay Chhabria with Mr. Rohan Agrawal i/by M/s. MDP and Partners, for Applicant.

Mr. Karan Vyas, for Respondent.

CORAM: S.J. KATHAWALLA, J.

DATE: 27 th APRIL, 2018 P.C.:

1.

On 26 th April, 2018 this Court passed the following order : "1.Heard the learned Advocates appearing for the parties. Both the parties agree that there exists an arbitration agreement between the parties and the Court may proceed to appoint a sole Arbitrator to decide the disputes between the Applicant and Respondent arising out of the Civil Contract dated 3 rd August, 2010. In view thereof, I pass the following order :

(i) The Court proposes to appoint Mr. Minoo Siodia, Advocate and Solicitor, as the sole Arbitrator to decide the disputes between the parties arising out of the Civil Contract dated 3 rd August, 2010.

(ii) Mr. Minoo Siodia, Advocate and Solicitor shall submit his disclosure under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and 1/3

Conciliation (Amendment) Act, 2015 (3 of 2016) on or before 27 th April, 2018.

(iii)Stand over to 27 th April, 2018.

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2.

Pursuant thereto, Mr. Minoo Siodia, Advocate and Solicitor, has filed his disclosure under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016) which is taken on record. The learned Advocates for the parties state that they have gone through the disclosure and have no objection to the same. In view thereof, the following order is passed : (i) Mr. Minoo Siodia, Advocate and Solicitor is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Civil Contract dated 3 rd August, 2010.

(ii)The parties shall appear before the learned Arbitrator in his chambers, on 3 rd May, 2018 at 5.00 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)The learned Arbitrator shall not grant adjournments to the parties unless absolutely necessary.

(vi All contentions of the parties are kept open. (vi) The cost of arbitration shall initially be borne by the parties equally. 2/3

(vii) The venue of Arbitration shall be at Mumbai. (viii)In view of this order, the above Arbitration Application is disposed of. ( S.J.KATHAWALLA, J. ) 3/3