Koley Cement Distributors Pvt Ltd v. Ultratech Cement Ltd

13-OSARBAP-14-2024.DOC Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 14 OF 2024 Koley Cement Distributors Pvt Ltd ...Applicant

Versus

Ultratech Cement Ltd

...Respondent

Ms Prachi Pandya,i/b Corporate Attorneys, for the Applicant. Mr Rishikesh Chindarkar, i/b Amit Tungare, for the Respondent.

CORAM

Kamal Khata, J.

DATED:

28th March 2024 PC:- 1.

This Application under Section 11 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"), seeks appointment of an Arbitrator regarding the disputes that are a subject matter of this Application.

2.

Both Advocates are unable to agree on the name of an arbitrator. However, I am informed by Ms Pandya that in another matter between the parties Mr Jeejeebhoy is appointed as an arbitrator.

3.

In view of the above, I pass the following order: Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2024.04.01 09:35:05 +0530 SUMEDH NAMDEO SONAWANE 28th March 2024

13-OSARBAP-14-2024.DOC (a) I hereby nominate Mr Jehangir Jeejeebhoy. He shall adjudicate the disputes between the parties that are subject matter of the present Application.

(b) The Arbitrator is requested to file his disclosure statement, as per Section 11(8) under section 12(1) of the Arbitration Act, within four weeks with the Prothonotary and Senior Master and provide copies to the parties.

(c) Parties to appear before the Sole Arbitrator on a date to be fixed by him at his earliest convenience.

(d) Fees payable to the Sole Arbitrator will be in accordance with the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.

4.

The Arbitration Application is disposed of in the above terms. 5.

No order as to costs.

6.

The ofoce to notify the Arbitrator of his appointment including via email.

(Kamal Khata, J) 28th March 2024