M/S L V Rustore Applications Private Limited v. Hoec Bardahl India Limited

arbap 213 of 2016 (957).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.213 OF 2016 M/s. L.

V.Rustore Applications Pvt. Ltd.

...

Applicant versus HOEC Bardahl India Ltd.

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Respondent Ms. Poornima Bhatia i/by Ms. V.C.Khatri, for Applicant. Mr. Sharan Jagtiani with Ms. Shah i/by M/s. Mehta and Girdharlal, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 14 th OCTOBER, 2016 P.C.:

1.

The Applicant had earlier filed Arbitration Application (L) No.631 of 2016 for appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. On 13 th June, 2016 the Applicant sought to withdraw the said Application (L) No.631 of 2016 without seeking liberty to file a fresh Application. In view thereof, this Court passed the following order : "The learned Advocate appearing for the Applicant, on instructions, seeks to withdraw the above Arbitration Application. The Arbitration Application is therefore, disposed of as withdrawn. "

2.

The Applicant has now once again filed the above Arbitration Application seeking appointment of an Arbitrator under Section 11 of the Act. In ssp 1/2

arbap 213 of 2016 (957).sxw view of the order dated 13th June, 2016, the present Arbitration Application cannot be entertained and is therefore, dismissed.

( S.J.KATHAWALLA, J. ) ssp 2/2