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Bombay High CourtARB/13/2014admittedallowedgrantedrule absolute

Girish Vaijinath Rachatte Through Partner Of v. Mohan Ganpat Waichale Through Partner Of

2017-09-21Hon'Ble Shri Justice Nitin W. Sambre2 pages

13.14arb (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ARBITRATION APPLICATION NO. 13 OF 2014 Girish s/o Vaijinath Rachatte ..APPLICANT

VERSUS

Mohan Ganpat Waichale ..RESPONDENT Mr S.P. Urgunde, Advocate for aplicant;

Mr Ajit Kadethakar, Advocate for respondent CORAM : NITIN W. SAMBRE, J.

DATE : 21st SEPTEMBER, 2017 ORAL ORDER :

Parties to the proceedings are partners as is reflected from the partnership deed dated 27th June, 2008.

2.

The dispute has arisen between the partners, which has prompted the applicant to file this application under Sections 11 and 16 of the Arbitration and Conciliation Act, 1996 claiming the appointment of Arbitrator pursuant to clause-19.

13.14arb (2) 3.

There is consensus that the dispute can be referred to the Arbitrator 4.

Since the parties are resident of Latur, request is made that Arbitrator be appointed from Latur so as to facilitate the parties to participate in the proceedings and get the same decided expeditiously.

5.

In view of above, Mr. R.Y. Shaikh, Latur (retired District Judge) is appointed as Arbitrator, before whom, the parties agree that they shall appear on 9th October, 2017. The Arbitrator will be free to decide his fees/terms of expenses to be shared.

5.

The application stands disposed of in above terms.

( NITIN W. SAMBRE, J.) Tupe