Vikrant Singh Jain v. Bruised Fabric Solutions Pvt. Ltd.

Tauseef

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION (L) NO.424 OF 2019 Vikrant Singh Jain ...Applicant V/S.

Bruised Fabric Solutions Pvt. Ltd.

...Respondent

Mr. Ravi Shekhar Pandey I/b. Vis Legal Law Practice for Applicant. Ms. Anusha Jegadeesh a/w. Ms. Krishna Jethani I/b. Vashi & Vashi for Respondent.

CORAM : G.S. KULKARNI, J.

Date :

15th OCTOBER 2019.

P.C. :

1.

Heard the learned counsel for the applicant and the learned counsel for the respondent.

2.

This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short "the Act") whereby, the applicant has prayed for an arbitral tribunal to be appointed, to adjudicate the disputes and differences arising between the parties which are stated to have arisen under the agreement dated 05 June 2018. The arbitration agreement between the parties is contained in clause 13 of the said agreement in question.

3.

Learned counsel for the respondent, on instructions states that his clients have no objection to the disputes being referred for adjudication by appointing an arbitral tribunal. Pg 1 of 3

4.

In view of the consensus between the parties, the petition is required to be allowed. Hence, the following Order:

ORDER

(i) Ms. Neeti Sachdeva, Advocate of this Court is appointed as a Sole Arbitrator to arbitrate the disputes and differences arising between the parties under the agreement dated 05 June 2018. (ii) The learned prospective sole Arbitrator, fifteen days before entering the arbitration reference, shall forward a statement of disclosure as per the requirement of Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996, to the Prothonotary and Senior Master of this Court, to be placed on record of this petition with a copy to be forwarded to both the parties.

(iii) The fees payable to the learned Arbitrator shall be governed by the provisions prescribed under the Bombay High Court (Fees Payable to Arbitrators) Rules, 2018;

(iv) At the first instance, parties shall appear before the prospective arbitrator within 10 days from today on a date which may be manually fixed by the prospective Sole Arbitrator; (v) All contentions of the parties are expressly kept open; (vi) The petition is disposed of in the above terms. No costs. Pg 2 of 3

(vii) Office to forward a copy of this order to the learned Arbitrator on the following address:

MCIA, 20th Floor, Express Tower, Nariman Point, Mumbai.

Mobile : 9810417180 / 022-61058888.

Email : neetisachdev@gmail.com (G.S. KULKARNI, J.) Pg 3 of 3