Moser Baer Solar Limited v. Emco Limited

arbap 20 of 2018 .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.20 OF 2018 Moser Baer Solar Ltd.

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Applicant versus Emco Ltd.

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Respondent Mr. Ashish Pyasi with Mr. Pragya Khaitan, Ms. Ashlesha Raut I/by M/s. Dhir and Dhir Associates, for Petitioner.

Mr. Bharat Jain I/by M/s. IC Legal, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 13 th JUNE, 2018 P.C.:

1.

Not on board. Upon mentioning, taken on board. 2.

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

(i) The parties agree to refer the disputes arising from the Agreement dated 9 th June, 2011 for Civil Construction and Erection, Commissioning and testing (as amended) to the sole arbitration of Mr. Arif Doctor, Advocate. (ii)The parties also agree to refer the disputes arising from the Agreement dated 9 th June, 2011 for Supply of Equipments and Materials, including Mandatory spares and O&M spares (as amended) also to the sole arbitration of Mr. Arif Doctor. (iii)The disclosure of Mr. Arif Doctor, Advocate under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 as amended by the ssp 1/2

arbap 20 of 2018 .odt Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016) is taken on record. (iv)The parties shall appear before the learned Arbitrator in his chambers, on 15 th June, 2018 at 5.00 p.m. and obtain necessary directions. (v) The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (vi)The learned Arbitrator shall not grant adjournments to the parties unless absolutely necessary.

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