Aniruddhsinh Zala v. Lkp Finance Ltd

kvm 1/2 2-ARBP1689.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 1689 OF 2014 Aniruddhsinh Zala ..... Petitioner

VERSUS

LKP Finance Ltd.

..... Respondent Mr.M.S.Bhandari, i/b. Mr.Raju Jain for the Petitioner. Mr.A.Daver, a/w. Mr.Sumit Raghani, i/b. Argud Partners for the Respondent. CORAM :

R.D. DHANUKA, J.

DATED :

30th JANUARY, 2015 P.C.

By consent of parties, following order is passed :- (a) The impugned award dated 5th May, 2014 passed by the learned arbitrator is set aside. Matter is remanded back to the learned arbitrator. Both parties have agreed to appoint Mr.Chandrakant Kamdar as a sole arbitrator in place of the erstwhile arbitrator. Address of the learned arbitrator is as under :- Mr.Chandrakant Kamdar, 302, Mermaid, Juhu Tara Road, MUMBAI - 400 049 (b) Both parties are permitted to file additional pleadings and additional evidence before the learned arbitrator. (c) The learned arbitrator shall make fresh award without

kvm 2/2 2-ARBP1689.14 being influenced by the findings and observations made by the learned arbitrator in award dated 5th May, 2014 and shall decide the matter in accordance with law.

(d) The learned arbitrator is requested to dispose of the arbitral proceedings within one year from the date of the first meeting.

(e) Both parties have agreed to co-operate with each other and with the learned arbitrator. Both parties have agreed to pay the fees of the learned arbitrator equally at the first instance which will be subject to the outcome of the arbitration proceedings.

2.

Arbitration petition is disposed of in the aforesaid terms. No order as to costs.

[R.D. DHANUKA, J.]