Dinesh Campalal Gaglani v. Kirit Campalal Gaglani And 3 ORS

arbp 1057 of 2015 (928).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1057 OF 2015 Dinesh Campalal Gaglani ...

Petitioner versus Kirit Campalal Gaglani and Ors.

...

Respondents Mr. Simil Purohit i/by M/s. Kanga and Co., for Petitioner. Mr. Pradeep Thorat, for Respondents.

CORAM: S.J. KATHAWALLA, J.

DATE: 2 nd APRIL, 2016 P.C.:

1.

On 1 st April, 2016 this Court passed the following order : "Perused the above Petition. Heard the learned Advocates appearing for the parties.

The Court proposes to appoint Mr. Cyrus Ardeshir, Advocate to act as an Arbitrator to decide the disputes between the parties arising out of the Partnership Deed (Exhibit-C to the Petition). In view thereof, Mr. Cyrus Ardeshir, Advocate shall submit disclosure under Section 11

(8) read with Section 12 (1) of Arbitration and Conciliation Act, 1996.

2.

The Advocates for the parties shall forward a copy of this order to Mr. Cyrus Ardeshir, Advocate.

3. All concerned to act on an ordinary copy of this order, duly authenticated by the learned Associate of this Court.

4. Stand over to 2 nd April, 2016.

"

2.

Pursuant to the above order, Mr. Cyrus Ardeshir, Advocate has filed disclosure under Section 11(8) read with Section 12(1) of the Arbitration and ssp 1/2

arbp 1057 of 2015 (928).sxw Conciliation Act, 1996. The same is taken on record and the following order is passed by consent :

i.

The disputes arising out of the Partnership Deed (Exhibit C to the Petition) between the parties are referred to the sole Arbitration of Mr. Cyrus Ardeshir, Advocate.

ii. The parties shall appear before the learned Arbitrator in his chambers, on 4 th April, 2016 at 6.00 p.m. and obtain necessary directions. iii. The above Petition filed under Section 9 of the Act, shall be treated by the learned Arbitrator as an Application under Section 17 of the Act and decide the same within a period of six weeks from the date of this order. iv.

The cost of arbitration shall initially be borne by the parties equally. v.

All contentions of the parties are kept open. vi.

The venue of Arbitration shall be at Mumbai.

Vii.

The learned Advocate for Respondent No.1 states that the partnership assets as well as stock shall not be disposed off until further orders. The statement is accepted.

3.

In view of this order, the above Arbitration Petition is disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2