Axis Software Pvt.Ltd v. State Bank Of India

Nitin 1 / 2 928-ARBAP-289-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 289 OF 2015 Axis Software Private Limited ...

Applicant

Versus

State Bank of India ...

Respondent Mr. Yashesh Kamdar a/w. Ms. Mansi Patel i/b. M/s. Thakore Jariwala and Associates for the Applicant.

Mr.Chetan R. Mhatre i/b. Utangale and Company for the Respondent. CORAM : S.J. KATHAWALLA, J.

DATED : 17 TH FEBRUARY, 2016 P.C.

1.

On 12 th February, 2016 this Court passed an order, paragraphs 2 to 6 of which are relevant and are reproduced hereunder : "2. Mr. Karl Tamboli, Advocate has expressed his inability to act as an Arbitrator in the above mater. In view thereof, the disputes in the above Arbitration Application are proposed to be referred to Mr. Astad Randeria, Advocate. Mr. Astad Randeria, Advocate shall submit disclosure under Section 11 (8) read with Section 12

(1) of Arbitration and Conciliation Act, 1996.

3. The Advocate for the Applicant shall forward a copy of this order to Mr.

Astad Randeria, Advocate.

4. The Advocate for the Applicant shall also forward a copy of this order to the Advocate for the Respondent by Speed Post AD.

5. All concerned to act on an ordinary copy of this order, duly authenticated by the learned Associate of this Court.

6. Stand over to 17 th February, 2016."

2.

Pursuant to the above order, Mr. Astad Randeria, Advocate has filed

Nitin 2 / 2 928-ARBAP-289-2015 disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996. The same is taken on record and the following order is passed by consent :

i.

The disputes arising out of the Agreements dated 29 th January, 2010, 22 nd February, 2010 and 30 th October, 2010 between the parties are referred to the sole Arbitration of Mr. Astad Randeria, Advocate. ii.

The parties shall appear before the learned Arbitrator in his chambers, on th February, 2016 at 5.30 p.m. and obtain necessary directions. iii.

The cost of arbitration shall initially be borne by the parties equally. iv.

All contentions of the parties are kept open. v.

The venue of Arbitration shall be at Mumbai.

3.

In view of this order, the above Arbitration Application is disposed of. ( S.J.KATHAWALLA, J. )