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Bombay High CourtARBP/1229/2016disposed off

Abhay Hanmant Pethe v. Pharma Trust And 5 ORS.

2016-12-14Hon'Ble Shri Justice S.J. Kathawalla2 pages

925-ARBP-1229-2016.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1229 OF 2016 Abhay Hanmant Pethe ...

Petitioner versus Pharma Trust and Ors.

...

Respondents WITH ARBITRATION APPLICATION (L) NO.1267 OF 2016 Mr. Karl Tamboly with Mr. Vishal Raman, Ms. Ruchita Upadhyay i/by M/s. R.

V.J.Associates, for Petitioner/Applicant.

Mr. Durgaprasad Poojary i/by M/s. PDS Legal, for Respondent No.2. Mr. Firoz Bharucha a/w. Ms. Farida Poonawala Tata, for Respondent Nos.3 and 4. Mr. Sutapa Saha, for Respondent No.5.

CORAM: S.J. KATHAWALLA, J.

DATE: 14 TH DECEMBER, 2016 P.C.:

1.

The learned Advocates for Respondents Nos.2 and 3 and 4 undertakes to file Vakalatnama on or before 15 th December, 2016. The undertaking is accepted. 2.

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

(i) Mr. Ankit Lohia, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Partnership Agreement dated 20-052011. (ii) The disclosure of Mr. Ankit Lohia, Advocate under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 is taken on record. Nitin 1/2

925-ARBP-1229-2016.sxw (iii) The parties shall appear before the learned Arbitrator in his chambers, on th December, 2016 at 5.00 p.m. and obtain necessary directions. (iv) The present Petition shall be treated as a Petition under Section 17 of the Act and decided by the learned Arbitrator within a period of eight weeks from today. (v) Parties shall maintain status quo as of today in respect of the partnership property for a period of eight weeks from today. (vi) All contentions of the parties are kept open. (vii) The cost of arbitration shall initially be borne by the parties equally. (viii) The venue of Arbitration shall be at Mumbai.

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

( S.J.KATHAWALLA, J. ) Nitin 2/2