S.D. Corporation Pvt.Ltd. v. Harish Kirtikant Sheth And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.50 OF 2016 S.D.Corporation Pvt. Ltd.

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Applicant versus Harish Kirtikant Sheth and Anr.

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Respondents Ms. Sujata More i/by M/s. Desai Desai Carrimjee and Mulla, for Applicant. Mr. S. Iyer i/by M/s. Ganesh and Co., for Respondents. CORAM: S.J. KATHAWALLA, J.

DATE: 26 th FEBRUARY, 2016 P.C.:

1.

On 18 th February, 2016, this Court passed the following order : "1.On 15 th 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 Articles of Agreement dated 30th December, 2009. The Court proposes to appoint Mr.Sharan Jagtiani, Advocate. In view thereof, Mr. Sharan Jagtiani, 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. Sharan Jagtiani, 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 18 th February, 2016 .

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2. Mr. Sharan Jagtiani, Advocate has expressed his inability to act as Arbitrator in the above mater. In view thereof, by consent of the parties, the disputes between the parties arising out of Articles of Agreement dated th December, 2009 are proposed to be referred to Mr. Salil Shah, Advocate. Mr. Salil Shah, Advocate shall submit disclosure under Section 11 (8) read with Section 12 (1) of Arbitration and Conciliation Act, 1996.

3. The Advocates for the parties shall forward a copy of this order to Mr. Salil Shah, Advocate.

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

5. Stand over to 25 th February, 2016".

2.

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

The disputes between the parties arising out of Article of Agreement dated th December, 2009 are referred to the sole Arbitration of Mr. Salil Shah, Advocate. ii.

The parties shall appear before the learned Arbitrator in his chambers, on nd March, 2016 at 5.00 p.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.

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3.

In view of this order, the above Arbitration Application is disposed of. ( S.J.KATHAWALLA, J. ) 3/3