Lal Singh Udawat v. Gammon India Ltd. Cin No L4999mh1922plc000997

1/2 CP706.16-70

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.706 OF 2016 Lal Singh Udawat )....Petitioner V/s.

Gammon India Ltd.

)....Respondent ---- Mr.Rajendra Singh Champawat for petitioner.

[Mr.Lal Singh Udawat-petitioner present].

Mr.Rashmin Khandekar a/w Ms.Smruti Kanade i/by Negandhi Shah and Himayatullah for respondent.

[Mr.Somarao Kulkarni, Deputy General Manager/authorized signatory of respondent present].

---- CORAM : K.R.SHRIRAM,J DATE : 16.4.2018 P.C.:- After the petition was argued for some time, both the counsel on instructions from their respective clients who are present in court, without prejudice to their rights and contentions, agreed that the dispute arising out of the contract/work order which is the subject matter of this petition be referred to arbitration by a sole arbitrator to be appointed by this court. The counsel suggest that Mr.Raj Mohan Patel, an advocate practicing in this court is appointed as sole arbitrator and the fees and administrative expenses of the arbitrator will be shared equally between the parties subject to cost in the arbitral proceedings.

KJ

2/2 CP706.16-70 Counsel tender written memorandum of agreement (Consent Minutes of the Order) signed by petitioner and the authorized signatory of the company agreeing to refer all disputes relating to this petition to arbitration. The same is taken on record and marked `X' for identification.

Within two weeks, the sole arbitrator Mr.Raj Mohan Patel will give disclosure in writing as required under Section 11(8) read with section 12(1) of the Arbitration & Conciliation Act 1996 directly to the parties.

All rights and contentions of the parties are kept open except to challenge the jurisdiction of the arbitrator. Petition accordingly stands disposed (K.R.SHRIRAM,J) KJ