Bombay High CourtCP/709/2016disposed off

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

2018-04-16Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 CP709.16-71

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.709 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.:- Out of the amount of Rs.9,50,492/- claimed in the petition, in the affidavit in reply the company has admitted that sum of Rs.4,17,342/- is due and payable to petitioner but disputes the balance amount.

Mr.Khandekar appearing for respondent, on instructions states that this amount of Rs.4,17,342/- will be paid to petitioner within two weeks from today and for the balance amount, the company is ready and willing to go for arbitration. Mr.Champavat appearing for petitioner, on instructions from petitioner is agreeable. KJ

2/2 CP709.16-71 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. Counsel tender written memorandum of agreement (Consent Minutes of the Order) signed by petitioner and the authorized signatory of the company agreeing to refer dispute as regards the balance amount 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