Dr. V. Sudhakaran Nair And ANR. v. Pancard Clubs Limited And ANR.

Nitin 1 / 2 930-ARBAP-330-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 330 OF 2015 Dr. V. Sudhakaran Nair and Anr.

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Applicants

Versus

Pancard Clubs Limited and Anr.

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Respondents Mr. Sanjay Lalit a/w. Mr. Suneet Gupta i/b. Jupiter Legal for the Applicants. Ms. Jyoti Chavan for the Respondents.

CORAM : S.J. KATHAWALLA, J.

DATED : 17 TH FEBRUARY, 2016 P.C.

1.

On 12 th February, 2016 this Court passed the following order : "1. The learned Advocates appearing for the parties have informed the Court that the Court may appoint any person as the sole Arbitrator to decide the disputes between the parties arising out of the Memorandum of Understanding dated 19 th July, 2008 and Share Purchase Agreement executed between the parties.

The Court proposes to appoint Hon'ble Smt. Justice R.S. Dalvi (Retd.). In view thereof, Hon'ble Smt. Justice R.S. Dalvi (Retd.) shall submit disclosure under Section 11 (8) read with Section 12

(1) of Arbitration and Conciliation Act, 1996.

2.

The Advocates for the parties shall forward a copy of this order to Hon'ble Smt. Justice R.S. Dalvi (Retd.).

3. All concerned to act on an ordinary copy of this order, duly authenticated by the learned Associate of this Court.

4. Stand over to 17 th February, 2016."

2.

Pursuant to the above order, Smt. Justice R.S. Dalvi (Retd.) has filed disclosure under Section 11(8) read with Section 12(1) of the Arbitration and

Nitin 2 / 2 930-ARBAP-330-2015 Conciliation Act, 1996. The same is taken on record and the following order is passed by consent :

i.

The disputes arising out of the Memorandum of Understanding dated 19 th July, 2008 and the Share Purchase Agreement executed between the parties are referred to the sole Arbitration of Smt. Justice R.S. Dalvi (Retd.). ii.

The parties shall appear before the learned Arbitrator in her chambers, on rd February, 2016 at 11.00 a.m. and obtain necessary directions. iii.

The cost of arbitration shall initially be borne by the parties equally. iv.

All contentions of the parties are kept open. v.

The venue of Arbitration shall be at Mumbai.

3.

In view of this order, the above Arbitration Application is disposed of. ( S.J.KATHAWALLA, J. )