Sugar Street v. Merwan'S Confectioners Pvt. Ltd.

49-ARBPL1299-19+.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 1299 OF 2019 Tasty Korner

...Petitioner

Versus

Merwan's Confectioners Pvt Ltd

...Respondent

WITH ARBITRATION PETITION (L) NO. 1300 OF 2019 WITH ARBITRATION PETITION (L) NO. 1301 OF 2019 WITH ARBITRATION PETITION (L) NO. 1302 OF 2019 WITH ARBITRATION PETITION (L) NO. 1304 OF 2019 Ms Anita Castellino, i/b Kartik Aiyer, for the Petitioner in all matters.

Mr Adavit M Sethna, with TM Mandot, for the Respondent in all matters.

CORAM:

G.S. PATEL, J.

DATED:

6th January 2020 PC:- 1.

The disputes between the parties in all these matters have already by an order of 11th November 2019 been referred to the sole arbitration of Mr FE De'Vitre, learned Senior Advocate of this 6th January 2020

49-ARBPL1299-19+.DOC Court. The present Section 9 Petitions were not on board at that time. Parties now agree that the present Section 9 Petitions may be treated as Applications under Section 17 before the learned sole arbitrator. So ordered.

2.

To save time, I will set out the schedule for fling of Replies and Rejoinders in this order. Afdavits in Reply in all Section 17 applications (viz., the present Section 9 Petitions) will be fled and served before the learned Sole Arbitrator on or before 24th January 2020. Afdavit in Rejoinder, if any, will be fled and served on or before 31st January 2020. The Afdavits in Rejoinder will not introduce any new material. Both sides agree that no further Afdavits will be fled thereafter.

3.

The learned sole arbitrator is requested to endeavour to dispose of the Section 17 Applications at his earliest convenience, and, if possible, by the end of February 2020. This is only a request. 4.

It goes without saying that the Petitioners are at liberty to make an application for ad-interim reliefs before the learned sole arbitrator. It also goes without saying that Section 17 Application cannot be disposed of or even taken up unless a statement of claim has fled to begin with.

5.

The Arbitration Petitions are disposed of in these terms. No costs.

(G. S. PATEL, J) 6th January 2020