Cineline India Ltd. v. Newbridge Business Centre Pvt. Ltd.

arbap 253 of 2016 (907).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.253 OF 2016 Cineline India Ltd.

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Applicant versus Newbridge Business Centre Pvt. Ltd.

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Respondent WITH ARBITRATION PETITION NO.275 OF 2016 Mr. Pravin Samdani, Senior Advocate with Ms. Nikita Bhansali i/by M/s. Wadia Ghandy and Co., for Applicant/Petitioner.

Mr. Kunal Tiwari with Mr. Amiy Kumar i/by King Stub and Kasiva, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 22nd DECEMBER, 2016 P.C.:

1.

The learned Advocate for the Respondent undertakes to file Vakalatnama within a period of one week from today. The undertaking is accepted. 2.

Pursuant to the order dated 15 th December, 2016, Mr. Rakesh Revanasiddiah, Director of the Respondent is present in Court along with his Advocate. He undertakes to comply with the order passed by this Court dated 12th April, 2016 within a period of two weeks from today. The undertaking is accepted. 3.

Heard the learned Advocates appearing for the parties and the following order is passed by consent :

(i) Mr. Rohaan Cama, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Business Conducting ssp 1/2

arbap 253 of 2016 (907).sxw Agreement and Cost and Revenue Sharing Agreement both dated 17-02-2012. (ii)The disclosure of Mr. Rohaan Cama, Advocate under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 is taken on record.

(iii)The parties shall appear before the learned Arbitrator in his chambers, on 24th December, 2016 at 10.30 a.m. and obtain necessary directions. (iv)As far as other reliefs sought by the Petitioner are concerned, the present Petition shall be treated as a Petition under Section 17 of the Act and decided by the learned Arbitrator within a period of eight weeks from today. (v) The learned Arbitrator shall endeavour to pass his Final Award within a period of six months from the date of this order. (vi) All contentions of the parties are kept open. (vii) The cost of arbitration shall initially be borne by the parties equally. (vii) The venue of Arbitration shall be at Mumbai. (ix)In view of this order, the above Arbitration Application as well as Arbitration Petition are disposed of.

( S.J.KATHAWALLA, J. ) ssp 2/2