Harshad C. Valia And ANR. v. Jiten R. Shah And ANR.

914-ARBAP-10-2016.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 10 OF 2016 Mr. Harshad C. Valia and Anr.

...

Applicants

Versus

Jiten R. Shah and Anr.

...

Respondents Mr. Harshil Parekh i/b. M/s. Purnanand and Company for the Applicants. Ms. Bali i/b. Bali and Associates for Respondent No. 2. CORAM : S.J. KATHAWALLA, J.

DATED : 18 TH MARCH, 2016 P.C. :

1.

On 23 rd February, 2016 this Court passed the following order : "1.The learned Advocates appearing for the parties have informed the Court that the Court may appoint any Advocate as the sole Arbitrator to decide the disputes between the parties arising out of the Partnership Deed dated 17-08-2007. The Court proposes to appoint Mr. Chirag Mody, Advocate. In view thereof, Mr. Chirag Mody, Advocate shall submit disclosure under Section 11 (8) read with Section 12 (1) of Arbitration and Conciliation Act, 1996.

2.The Advocates for the parties shall forward a copy of this order to Mr. Chirag Mody, Advocate.

3.All concerned to act on an ordinary copy of this order, duly authenticated by the learned Associate of this Court.

4.Stand over to 29 th February, 2016.

"

Nitin 1/2

914-ARBAP-10-2016.sxw 2.

Pursuant to the above order, Mr. Chirag Mody, Advocate has filed disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996. The disclosure is taken on record and the following order is passed by consent :

i.

The disputes arising out of the Partnership Deed dated 17 th August, 2007 between the parties are referred to the sole Arbitration of Mr. Chirag Mody, Advocate. ii.

The parties shall appear before the learned Arbitrator in his chambers, on rd March, 2016 at 5.00 a.m. and obtain necessary directions. iii.

The cost of arbitration shall initially be borne by the parties equally. iv.

All contentions of the parties are kept open. v.

The venue of Arbitration shall be at Mumbai.

3.

In view of this order, the above Arbitration Application is disposed of. ( S.J.KATHAWALLA, J. ) Nitin 2/2