M/S Universal Enterprises v. Deluxe Laboratories Pvt Limited

arbp 1279 of 2015 (919).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1279 OF 2015 M/s. Universal Enterprises ...

Petitioner versus Deluxe Laboratories Pvt. Ltd.

...

Respondent Mr. A.S.Khandeparkar with Mr.Mandar Tambe, Mr. Prerak Sharma, Mr. Rajdeep Gude i/by Mr. Mandar Tambe, for Petitioner.

Mr. Sanjay Jain with Mr. Vishal Kanade, Ms. Banatwala i/by Mr. Tushar Goradia, for Respondent.

CORAM: S.J. KATHAWALLA, J.

DATE: 5 th MAY, 2016 P.C.:

1.

By consent, the disputes between the parties arising out of the agreement dated 29-12-2008 are referred to the sole arbitration of Mr. Chirag Mody, Advocate. The learned Advocates for the parties have tendered the disclosure under Section 11 (8) read with Section 12 (1) of Arbitration and Conciliation Act, 1996 of Mr. Chirag Mody, Advocate.

2.

The learned Advocate for the Petitioner undertakes that upon adjudication of the documents, his client shall pay the requisite court fees, if so ordered.

4.

The present Petition shall be treated by the learned Arbitrator as a Petition under Section 17 of the Act and decided within a period of 12 weeks from the date of this order. The ad-interim Application shall be decided irrespective of the ssp 1/2

arbp 1279 of 2015 (919).sxw issue raised qua the stamping of the document. 5.

The adjudicating authority shall pass his final orders qua the stamp required to be paid, if any on the document within a period of three weeks from the date of receipt of this order and the documents from the Prothonotary and Senior Master of this Court.

6.

All contentions of the parties are kept open, including the contention of the Respondent that that the agreement is not stamped. 7.

The venue of the Arbitration shall be at Mumbai. 8.

The cost of the arbitration shall be borne by the parties equally. 9.

The Arbitration Petition is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2