Heinz India Pvt. Ltd. v. Superfil Engineers Pvt. Ltd.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.158 OF 2017 Heinz India Private Limited ....Applicant Vs.

Superfil Engineers Private Limited ....Respondent ---- Mr. Lakshyaved R. Odhekar for applicant.

Mr. Shyam Kapadia a/w. Mr. Ativ Patel I/b. AVP Partners for respondent. ---- CORAM : K.R.SHRIRAM, J.

DATE : 31th AUGUST, 2018 P.C.:

By consent, Dr. Abhinav Chandrachud, an advocate practicing in this Court, having his office at C/o. Khambata D.J., 3rd floor, Mulla House, 51, Mahatma Gandhi Road, Fort, Mumbai - 400 001, is appointed as Sole Arbitrator to arbitrate on all disputes and differences, including counter claim, if any, arising out of or in connection with or relating to agreement dated 27th April 2015 read with purchase order dated 13th May 2015. All rights and contentions of the parties are kept open, except the question of jurisdiction of the arbitrator.

The fees to be fixed by the Arbitrator, administrative expenses, typing charges and venue charges to be shared equally between the parties, i.e., 50% by applicant and 50% by respondent and the same shall be subject to cost in the arbitral proceedings.

The Arbitrator to communicate in writing to the Advocate for applicant with copy to respondent the disclosures as required under Section Gauri Gaekwad

2/2 910.ARBAP-158-2017.doc 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 within two weeks of receiving a copy of this order from any of the party.

Liberty to apply.

Application accordingly stands disposed.

Mr. Kapadia, counsel for respondent, on instructions states that respondent will withdraw the suit that respondent has filed against applicant in the Court of District Judge at Tis Hazari, New Delhi within one week from today. Likewise Mr. Odhekar, counsel for applicant states that applicant will also withdraw the Section 8 application filed by applicant in the said suit. Statements accepted.

by Gauri Amit Gaekwad Date:

2018.09.04 11:56:49 +0530 Gauri Amit Gaekwad (K.R. SHRIRAM, J.) Gauri Gaekwad