Sustainable Agro-Commercial Finance Limited v. Haribhau Arjun Gate And 3 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.161 OF 2017 Sustainable Agro Commercial Finance Ltd.

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Applicant versus Haribhau Arjun Gate and Ors.

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Respondents Mr. Yashpal Thakur, for Applicant.

None for Respondents.

CORAM: S.J. KATHAWALLA, J.

DATE: 12 th APRIL, 2018 P.C.:

1.

None for the Respondents though served.

2.

On 22 nd February, 2018 this Court passed a detailed order, the operative portion of which is reproduced hereunder :

"7.It is therefore clear that the Respondents have failed to appoint an Arbitrator to resolve their disputes. Hence, the following order : i) The Court proposes to appoint Ms. Nelly Mehta, Advocate as a sole Arbitrator to decide the disputes between the Applicant and the Respondents arising out of the Loan-cum-Hypothecation Agreement dated th February, 2014. In view thereof, Ms. Nelly Mehta, Advocate shall submit her disclosure 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.

ii) The Advocate for the Applicant shall forward a copy of this order to Ms. Nelly Mehta, Advocate as well as to the Respondents by Speed 1/3

Post/Registered Post A.D at their last known addresses.

iii) All concerned to act on an ordinary copy of this order, duly authenticated by the Learned Associate of this Court. Stand over to 15 th March, 2018.

"

3.

The disclosure of Ms. Nelly Mehta, 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 is taken on record. 4.

The Applicant has served a copy of the order dated 22nd February, 2018 on the Respondents by Registered Post A.D., and an Affidavit proving service dated 21 st March, 2018 is taken on record. In view thereof, the following order is passed : (i) Ms. Nelly Mehta, Advocate, is appointed as the Sole Arbitrator to decide the disputes between the parties arising out of the Loan-cum-Hypothecation Agreement dated 24 th February, 2014.

(ii)The parties and/or their Advocates shall appear before the learned Arbitrator in her Chambers on 27 th April, 2018 at 5.00 p.m., and obtain necessary directions.

(iii)All contentions of the parties are kept open. (iv)The cost of arbitration shall initially be borne by the parties equally. (v) The venue of the arbitration shall be at Mumbai. (vi)The Advocate for the Applicant shall forward a copy of this order to 2/3

Ms. Nelly Mehta, Advocate. A copy of the order shall also be forwarded to the Respondents by Speed Post/Registered Post A.D. at their last known addresses. (vii)The above Arbitration Application is accordingly disposed of. ( S.J.KATHAWALLA, J. ) 3/3