Adf Foods Ltd. v. Barter Guru And Another

pvr 16arbap366-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.366 OF 2018 ADF Foods Ltd.

..Applicant Vs.

1.Barter Guru & Anr.

..Respondents ----- Mr.Abhishek Sawant with Manish Mirpuri I/b. Premier Legal Practices, for the Applicant.

Mr.Aseem Naphade with Kartik Vig, Poorva Patil I/b. Brijesh Pathak, for the Respondents.

----- CORAM :

G.S. KULKARNI, J.

DATE :

9th January, 2019 --- PC:

1.

On the background of what had transpired at the earlier hearing, the learned Counsel for the parties on instructions of their respective clients, fairly submit that parties are willing to agree on appointment of an arbitrator.

2.

The arbitration application is accordingly required to be disposed of by the following order:-

ORDER

(I) Mr.Shrinivas Bobde, Advocate of this Court is appointed as the prospective arbitrator to arbitrate the disputes and differences between the parties under the agreement dated 13 January 2015.

pvr 16arbap366-18 (II) The learned prospective arbitrator, fifteen days before entering the arbitration reference, shall forward a statement of disclosure as per the requirement of Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act,1996, to the Prothonotary and Senior Master of this Court, to be placed on record of this application with a copy to be forwarded to the parties.

(III) All contentions of the parties on merits of the matter are expressly kept open.

(IV) Office to forward a copy of this order to the learned Arbitrator alongwith a copy of the Memo of this application. 3.

The Arbitration Application is disposed of in the above terms. No costs.

[G.S. KULKARNI, J.]