Jalgaon Investments Pvt. Ltd. v. Aditya Birla Finance Limited
909-ARBPL1283-19.DOC Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 1283 OF 2019 Jalgaon Investments Pvt Ltd
...Petitioner
Versus
Aditya Birla Finance Limited
...Respondent
Mr Ashish Kamat, with Ms Simantini Mohite, Ms Shruti Maniar, Ms Spardha Sharma & Ms Disha Mehta, i/b M/s. Solomon & Co., for the Petitioner.
Mr Simil Purohit, with Msr Vishal Maheshwari Ms Kamini Pansare, i/b VM Legal, for the Respondents.
CORAM:
G.S. PATEL, J.
DATED:
21st November 2019 PC:- 1.
Parties have already agreed on the appointment of Mr Pradeep Sancheti, leaned Senior Advocate of this Court, as the sole arbitrator to decide the disputes and diferences between the parties arising from the loan agreement dated 28th December 2017. Mr Sancheti has already held a meeting and the minutes include his disclosure statement.
2.
It is therefore necessary only to make the following limited directions.
(a) Interim Application/s:
21st November 2019
909-ARBPL1283-19.DOC (i) On instructions, Mr Kamat says that he will present the petition under Section 9 as an application under Section 17 of the Arbitration and Conciliation Act 1996 to the learned sole arbitration. The tribunal will pass the necessary directions for fling of replies and rejoinders, if necessary.
(ii) The learned arbitrator is requested to endeavour to dispose of the Section 17 application at his earliest convenience and if possible within a period of six weeks from today.
(iii) All contentions are kept open.
(b) Consent to an extension if thought necessary. Parties immediately consent to a further extension of up to six months to complete the arbitration should the learned Sole Arbitrator fnd it necessary.
(c) Venue and seat of arbitration: Parties agree that the venue and seat of the arbitration will be in Mumbai. 3.
The petition is disposed of in these terms. There will be no order as to costs.
(G. S. PATEL, J) 21st November 2019