Sea Glimpse Investments Private Limited v. Ark Hospitality And 3 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO. 409 OF 2019 Sea Glimpse Investments Pvt. Ltd.

...

Applicant vs.

Ark Hospitality and 3 Ors.

... Respondents Mr. Sumit Raghani and Mr. Darshil Thakkar i/b. M/s. Agrud Partners of the Applicant.

Mr. Raghuvanshi a/w. Mr. Bharat Mirchandani i/b. Mr. Manoj Mirchandani for the Respondents.

CORAM : A. K. MENON, J.

th FEBRUARY, 2022 DATED : 14 P.C. :

1.

This is an application filed under Section 11 of the Arbitration and Conciliation Act. 1996. Disputes and differences have arisen between the applicant and the respondents pursuant to an agreement dated 16 th November, 2017 copy of which is at Exhibit A to the application. The agreement is not disputed. Although the arbitration clause at 9(c) contemplates appointment of one arbitrator by each party and the two arbitrators so appointed to appoint the presiding arbitrator, there is no agreement between the nominees as to appointment of presiding Arbitrator. RAJESHWARI RAMESH PILLAI RAJESHWARI RAMESH PILLAI Date: 2022.02.15 17:16:25 +0530 1/2 20-carap-409-2019.odt rrpillai

2.

When the matter is called both learned counsel state that considering the impasse, reference may be made to a Sole Arbitrator. By consent both sides submit that reference be made to Mr. Sandeep Bhagwat, Advocate of this Court. Accordingly, I pass the following order : (i) By consent Mr. Sandeep Bhagwat, Advocate is appointed as Sole Arbitrator to adjudicate upon claims and counter claims, if any. (ii) The learned Arbitrator is requested to file his disclosure statement under section 11(8) and Section 12(1) within three weeks with the Prothonotary and Senior Master and provide copies to the parties. (iii) Parties to appear before the Sole Arbitrator on a date to be fixed by him at his earliest convenience.

(iv) Fees payable to the Sole Arbitrator will be in accordance with the Bombay High Court (Fee Payable to the Arbitrators ) Rules, 2018. (v) Application is disposed in the above terms.

(A. K. MENON, J.) 2/2 20-carap-409-2019.odt rrpillai