Rishabh Rodilal Jain v. Sunderlal Sewailal Jain

Dusane 1/2 8 arbpl 620.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO.620 OF 2017 Rishabh Rodilal Jain ....

Petitioner Vs.

Sunderlal Sewailal Jain ....

Respondent None for the Petitioner.

None for the Respondent.

Coram : G.S. KULKARNI, J.

Date : 12 SEPTEMBER, 2017 P.C. :

By an order dated 29 August 2017, this court had proposed to appoint Mr. Jay Sanklecha, Advocate of this Court to arbitrate the dispute between the parties. Awaiting disclosure as per requirement of Section 11(8) read with 12(1) of the Arbitration and Conciliation Act, 1996, this petition was adjourned for today. Today, parties are not represented by their respective advocates, though their names are correctly indicated on the cause list. In the circumstances, in the light of the order dated 29 August

Dusane 2/2 8 arbpl 620.2017 2017, it would be appropriate to dispose of this petition by appointing Mr. Jay Sanklecha, Advocate as a sole Arbitrator to arbitrate the dispute between the parties, as per the order dated 29 August 2017 to adjudicate the disputes between the parties in regard to the accounts of the partnership firm. In the first instance, the proposed Arbitrator will make a disclosure in terms of Section 11(8) read with 12(1) of the Arbitration and Conciliation Act, 1996 and thereafter enter upon the reference. In the event, the disclosure is not made within a reasonable time, or such disclosure discloses inability of the proposed arbitrator to act as such, it would be open to the parties to apply this court for directions. The petition is disposed of in the above terms. No costs.

Copy of the order be forwarded to Mr. Jay Sanklecha, Advocate, the learned Arbitrator alongwith copies of the earlier orders passed by this court.

(G.S. KULKARNI, J.)