Kewal Kiran Clothing Ltd v. Richa Agency And 3 ORS

9_ARBAP_286_21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 286 OF 2021 Kewal Kiran Clothing Limited ...

Applicant vs.

Richa Agency and others ...

Respondents Mr. Nikhil Rajeshirke for applicant.

Mr. Yatin R. Shah a/w. Mr. Vipul Makwana for respondents. CORAM : MANISH PITALE, J.

DATE :

08th SEPTEMBER, 2023 P.C. :

.

By this application filed under Section 11 of the Arbitration and Conciliation Act, 1996, the applicant has prayed for appointment of arbitrator in the light of arbitration clause contained in a Master Stockiest Agreement executed between the parties.

2.

Upon disputes arising between the parties, by notice dated 28.02.2021, the applicant invoked the arbitration clause and also proposed the name of an arbitrator. On 18.03.2021, the respondent sent a reply to the applicant making certain allegations against the applicant and refused to give consent to appointment of arbitrator. In this backdrop, the present application was filed.

3.

The respondents have appeared through counsel. He seeks permission to e-file reply affidavit within one week from today. Digitally signed by PRIYA KAMBLI Date:

2023.09.09 10:50:25 +0530 PRIYA KAMBLI 4.

This Court has heard the learned counsel for the rival parties. There is no dispute about the fact that there is indeed an arbitration clause in the 1/2

9_ARBAP_286_21.doc Master Stockiest Agreement executed between the parties. A perusal of the invocation notice and the response thereto, would show that there are arbitrable disputes between the parties, which would have to be resolved through arbitration. Since the agreed procedure for appointment of arbitrator, has failed, this Court is entitled to exercise jurisdiction under Section 11(6) of the aforesaid Act.

5.

In view of the above, the application is allowed. Considering the extent of claims raised by the applicant, it would be appropriate that an advocate practising in this Court is appointed as the sole arbitrator. Accordingly, Advocate Rohan Rajadhyaksha is appointed as the sole arbitrator. Details of the learned arbitrator are as follows: 3rd floor, Yusuf building, M. G. Road, Fort, Mumbai.

Mob.: 9820307784 8.

The parties undertake to inform the learned arbitrator, at the earliest, about the order passed today.

9.

The learned arbitrator is requested to submit his consent and disclosure statement in terms of Sections 11(8) and 12(1) of the aforesaid Act within four weeks from today to the Prothonotary and Senior Master of this Court. The fees of the learned arbitrator shall be as per the Fourth Schedule to the said Act.

10.

All questions are left open for determination by the learned arbitrator. 11.

The application stands disposed of.

(MANISH PITALE, J.) 2/2 Priya Kambli