Parikshit Ashok Kumar Dalmiya And Another v. Alok Kumar Mahabirprasad Dalmia And 2 Others

arbpl 645 of 2018 (929).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO.645 OF 2018 Parikshit Ashok Kumar Dalmiya and Anr.

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Petitioners versus Alok Kumar Mahabirprasad Damlia and Ors.

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Respondents Mr. Zal Andhyarujina with Mr. Pimple i/by M/s. B. Amin and co., for Petitioners. Mr. Surin Usgaonkar, for Respondent Nos.1 and 2. Mr. Ashok K. Goel, for Respondent No.3.

Mr. Alok Kumar M. Dalmia, Defendant No.1 present. CORAM: S.J. KATHAWALLA, J.

DATE: 18 th JUNE, 2018 P.C.:

1.

Heard the learned Advocates appearing for the parties and the following order is passed by consent :

(i) Mr. Shyam Kapadia, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Partnership Deed dated 1 st January, 1988.

(ii)The disclosure of Mr. Shyam Kapadia, Advocate under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016) is taken on record.

(iii)The parties shall appear before the learned Arbitrator in his chambers, ssp 1/2

arbpl 645 of 2018 (929).doc on 20 th June, 2018 at 5.00 .m. and obtain necessary directions. (iv)The present Petition filed under Section 9 of the Act shall be treated as a Petition under Section 17 of the Act and decided by the learned Arbitrator within a period of three weeks from today.

(v) The Respondent No.1 who is present in Court states that the present partners shall maintain status quo in respect of the partnership firm for a period of three weeks from today and they shall not surrender the tenancy rights in respect of the partnership property for a period of three weeks from today. The statement is accepted.

(vi)The suit filed before the Court of Small Causes, Mumbai shall be decided on its own merits.

(vii)The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (viii)The learned Arbitrator shall not grant adjournments to the parties unless absolutely necessary.

(ix) All contentions of the parties are kept open. (x) The cost of arbitration shall initially be borne by the parties equally. (xi) The venue of Arbitration shall be at Mumbai. (xii)In view of this order, the above Arbitration Petition is disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2