Vinita Dinesh Pujary v. Padmini Pandey And 2 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.146 OF 2017 Vinita Dinesh Pujary ...

Applicant versus Padmini Pandey and Ors.

...

Respondents Ms. Priyanka Aswale Patil with Mr. Goverdhan Kamble i/by Mr.Bhushan V. Mahadik, for Applicant.

Mr. Advait M. Sethna with Mr. Ruju R. Thakkar, for Respondent No.1. 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 Respondents arising out of the Limited Liability Partnership Agreement dated 16 th May, 2016 and Memorandum of Understanding dated 11 th July, 2016. In view thereof, the following order is passed :

(i) The Court proposes to appoint Mr. Rohan Sawant, Advocate, as the sole Arbitrator to decide the disputes between the parties arising out of the Agreement Limited Liability Partnership Agreement dated th May, 2016 and Memorandum of Understanding dated 11 th July, 2016.

(ii) Mr. Rohan Sawant, Advocate shall submit his disclosure under 1/3

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) on or before 27 th April, 2018.

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

"

2.

Pursuant thereto, Mr. Rohan Sawant, 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. In view thereof, the following order is passed : (i) Mr. Rohan Sawant, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Limited Liability Partnership Agreement dated 16 th May, 2016 and Memorandum of Understanding dated 11 th July, 2016.

(ii)The parties shall appear before the learned Arbitrator in his chambers, on 2 nd May, 2018 at 5.00 p.m. and obtain necessary directions. (iii)The parties shall be at liberty to move an Application under Section 17 of the Arbitration and Conciliation Act, before the learned Arbitrator seeking adinterim/interim relief. (iv)The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (v) The learned Arbitrator shall not grant adjournments to the parties 2/3

unless absolutely necessary.

(vi) All contentions of the parties are kept open. (vii) The cost of arbitration shall initially be borne by the parties equally. (viii) The venue of Arbitration shall be at Mumbai. (ix)In view of this order, the above Arbitration Application is disposed of. ( S.J.KATHAWALLA, J. ) 3/3