M/S Abc Gas International Ltd v. G3 Motors Limited Cin U74999mh2007plc169109

23.cp.1179.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 1179 OF 2015 M/s. ABC Gas International Ltd.

.. Petitioner Vs.

G3 Motors Limited .. Respondent Mr. Siddharth Samantaray a/w. Mr. R. A. Shah and Ms. Neha Lakshman i/b Mansukhlal Hiralal and Co. for petitioner.

Mr. Rohaan Cama i/b Abhijeet Marathe for respondent. CORAM : K.R.SHRIRAM, J.

DATE : 13TH MARCH 2018 P.C.

After the petition was heard for some time, by consent, the following order is passed :- : O R D E R :

(a) The company-G3 Motors Limited, without prejudice to their rights and contentions, to deposit a sum of Rs.10 lakhs with the Prothonotary and Senior Master, High Court, Bombay. This amount to be deposited within four weeks from today.

The Prothonotary and Senior Master shall invest this amount with a nationalized bank for a period of one year in the beginning, to be renewed year to year unless otherwise directed by this Court.

Shraddha Talekar PS 1/2

23.cp.1179.2015.doc (b) Shri Vishal Muglikar, an advocate practicing in this Court is appointed as Sole Arbitrator to arbitrate on the underlying disputes arising out of this petition along with counterclaim/set off, if any.

(c) The fees and administrative expenses of the Arbitrator to be shared equally between the parties and the same will be costs in the arbitral proceedings.

(d) The Arbitrator to give his disclosure in writing directly to the parties as required under Section 11(8) read with Section 12(1) of the Arbitrator and Conciliation Act, 1996 within two weeks of receiving a copy of this order either from the advocate for petitioner or from the advocate for respondent.

(e) All rights and contentions of the parties are kept open except to challenge the appointment of the Arbitrator and Arbitrator's jurisdiction.

Petition accordingly stands disposed.

(K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2