Jain Social Group And ANR v. Jain Social Groups International Federation And 2 ORS
kvm 1/2 905-ARBPL952.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 952 OF 2015 Jain Social Group, Nashik & Anr.
..... Petitioners
VERSUS
Jain Social Groups International Federation & Ors.
..... Respondents Mr.M.S.Karnik, i/b. Mr.Rahul Motkari for the Petitioners. Mr.Vaibhav Sughare, i/b. Mr.Ajay Dhadiwal for the Respondents. CORAM :
R.D. DHANUKA, J.
DATED :
8th MAY, 2015 P.C.
Learned counsel appearing for the respondent no.1 tendered a copy of the letter dated 8th May, 2015 addressed by the respondent no.1 to Shri Abhay Dhadiwal, suggesting the name of panel of three arbitrators. Letter is taken on record.
2.
By consent of petitioners and respondent no.1, following order is passed :- (a) Impugned award dated 5th May, 2015 being Ex.A to the petition is set aside.
(b) Parties have no objection if the disputes which were subject matter of the earlier arbitration are referred to Shri Yashwin N.Kapdi, Shri Pankaj V.Sanghvi and Shri Pravin H.Shah (Kapasi).
(c) Parties have agreed that Shri Pravin H.Shah (Kapasi) will be the presiding arbitrator.
(d) The arbitral tribunal shall make a fresh award without
kvm 2/2 905-ARBPL952.15 being influenced by the observations, findings and conclusions rendered by the learned arbitrator in the impugned award dated 5th May, 2015 and decide in accordance with law. (e) The arbitral tribunal shall make an endeavour to dispose of the arbitration proceedings within 60 days from the date of the first meeting.
(f) Both parties are entitled to rely upon the pleadings and documents already filed before the arbitral tribunal and shall be at liberty to file additional evidence with leave of the arbitral tribunal.
(g) All the parties to this order as well as arbitral tribunal to act on authenticated copy of this order.
(h) It is made clear that in view of this order setting aside the impugned award, ad-interim order passed by this court on 27th March, 2013 shall operate during the pendency of the arbitral proceedings and for a period of four weeks from the date of declaration of the award.
3.
Arbitration petition is disposed off in the aforesaid terms. No order as to costs.
[R.D. DHANUKA, J.]