Chalet Hotels Limited v. Global Energy Private Limited

7-arbap 370@371-18 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.370 OF 2018 Chalet Hotels Limited ..Applicant Vs.

Global Energy Private Limited ..Respondent WITH ARBITRATION APPLICATION NO.371 OF 2018 Chalet Hotels Limited ..Applicant Vs.

Global Energy Private Limited ..Respondent ----- Dr.Birendra Saraf with Ms.Apurva Gupte, and Mrs.Sukhada Kamat i/b. Hariani & Co. for Applicant.

Mr.Rohan Bangar i/b. Abhishek Adke for Respondent. ----- CORAM :

G.S. KULKARNI, J.

DATE :

12th FEBRUARY, 2019 P.C.:

These are applications under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, "the ACA") whereby the applicant is seeking appointment of a sole arbitrator to adjudicate the disputes and differences which have arisen between the parties under a Power Supply Facilitation Agreement dated 9 March 2017.

2.

After these applications were heard for some time, the learned Counsel for the parties, on instructions of their clients, are agreeable

7-arbap 370@371-18 that disputes and differences between the parties be referred for adjudication by appointing a sole Arbitrator. Hence, the following order:-

ORDER

(i) Mr.Rakesh Reddy, Advocate, is appointed as a prospective sole Arbitrator to arbitrate the disputes and differences between the parties under the Power Supply Facilitation Agreement dated 9 March 2017. (ii) The prospective sole 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 & Senior Master of this Court, to be placed on record of these applications with a copy to be forwarded to both the parties;

(iii) At the first instance, the parties shall appear before the prospective arbitrator within 10 days from today at a time as may be fixed by the prospective arbitrator.

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

(v) The applications are disposed of in the above terms. No costs. 3.

Office to forward a copy of this order to the learned Arbitrator on the following address:

address: 141, A-Wing, Mittal Towers, 14th Floor, Nariman Point, Mumbai.

[G.S. KULKARNI, J.]