Star Agriwarehousing And Collateral Management Limited v. Lakshmi Vilas Bank

arbap 99 of 2018 (922).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.99 OF 2018 WITH COMM. ARBITRATIN PETITION NO.487 OF 2018 Star Agri Warehousing and Collateral Management Ltd.

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Applicant/Petitioner versus Lakshmi Vilas Bank ...

Respondents Mr. Shashank V.Choudhary i/by Mr. Sachin V.Masurkar, for Applicant. Mr. Amit Jajoo with Ms. Bhagyashree Lembhe i/by M/s. HSA Advocate, for Respondent.

CORAM: S.J. KATHAWALLA, J.

DATE: 3 rd AUGUST, 2018 P.C.:

1.

Heard the learned Advocates appearing for the parties and the following order is passed by consent :

(i) Mr. Mustafa Doctor, Senior Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Agreement dated 04-03-2015.

(ii)The disclosure of Mr. Mustafa Doctor, Senior Advocate under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016) is taken on record.

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arbap 99 of 2018 (922).doc (iii)The Petition filed under Section 9 of the Act before this Court shall be treated as an Application under Section 17 of the Act and decided by the learned Arbitrator at the earliest.

(iv)The parties shall appear before the learned Arbitrator in his chambers, on 7 th August, 2018 at 5.00 p.m. and obtain necessary directions. (v) The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (vi)The learned Arbitrator shall not grant adjournments to the parties unless absolutely necessary.

(vii) All contentions of the parties are kept open. (viii) The cost of arbitration shall initially be borne by the parties equally. (ix) The venue of Arbitration shall be at Mumbai. (x) The parties agree that this order shall in no way preclude the Courts/parties/statutory authorities/police authorities from proceeding with any other matter/complaint pending before them including FIR No.RC 9(E)/2017 - CBI/EOW/Chennai dated 06-12-2017.

(x) In view of this order, the above Arbitration Application as well as Comm. Arbitration Petition are disposed of.

( S.J.KATHAWALLA, J. ) by Swaroop Sharad Phadke Date:

2018.08.04 14:27:38 +0530 Swaroop Sharad Phadke ssp 2/2