Zigma Enterprise, Prop Atul Soni v. Pooja Constructions, Prop Vashubhagnani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION ARBITRATION APPLICATION NO.33 OF 2018 Zigma Enterprises ...

Applicant versus Pooja Constructions ...

Respondent Mr. Kishore Jawle, for Applicant.

Mr. Vibhav Krishna with Mr Devang Lakhotia i/by M/s. Juris Consillis, for Respondent.

CORAM: S.J. KATHAWALLA, J.

DATE: 19 th APRIL, 2018 P.C.:

1.

On 13 th April, 2018 this Court passed a detailed order, the operative portion of which is reproduced hereunder :

"5.It is therefore, clear that the Respondent has failed to appoint an Arbitrator to resolve their disputes. Hence, the following order : i. The Court proposes to appoint Mr.Ranjeev Carvalho, Advocate, as a sole Arbitrator to decide the disputes between the Applicant and the Respondent arising out of the Letter of Quotation dated 20th May, 2013.

ii.

Mr. Ranjeev Carvalho , Advocate shall on or before 19 th April, 2018 submit his disclosure 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.

iii.

The Advocate for the Applicant shall forward a copy of this order to 1/3

Mr. Ranjeev Carvalho, Advocate.

iv. The Advocate for the Applicant shall also serve a copy of this order on the Respondent by hand delivery at their last known addresses. v. All concerned to act on an ordinary copy of this order, duly authenticated by the Associate of this Court.

iii.Stand over to 19 th April, 2018.

"

2.

Pursuant to the said order, Mr. Ranjeev Carvalho, Advocate, has filed his disclosure 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), which is taken on record. The learned Advocates for the parties have submitted that they have gone through the disclosure filed by the learned Arbitrator and have no objection to the same. In view thereof, the following order is passed :

(i) Mr. Ranjeev Carvalho, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Letter of Quotation dated th May, 2013.

(ii)The parties shall appear before the learned Arbitrator in his chambers, on 23 rd April, 2018 at 5.00 p.m. and obtain necessary directions. (iii)The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (iv)All contentions of the parties are kept open. 2/3

(v) The cost of arbitration shall initially be borne by the parties equally. (vi) The venue of Arbitration shall be at Mumbai. (vii)In view of this order, the above Arbitration Application is disposed of. ( S.J.KATHAWALLA, J. ) 3/3