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Bombay High CourtARB/12/2015disposed offdismissed for default

Dwarkabai Shankarrao Khandagale v. National Seed Corporation Ltd Through Its Chairman And Others

2018-03-21Hon'Ble Shri Justice V.K. Jadhav2 pages

ARB APPLN 11.2015+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 ARBITRATION APPLICATION NO. 11 OF 2015 RAJENDRA SHANKARRAO KHANDAGALE

VERSUS

NATIONAL SEED CORPORATION LTD THROUGH IT'S CHAIRMAN AND OTHERS ...

WITH ARB/12/2015 DWARKABAI W/O SHANKARRAO KHANDAGALE

VERSUS

NATIONAL SEED CORPORATION LIMITED AND OTHERS.

...

Advocate for Applicants :Mr Surwase B.R.

Advocate for Respondents : Mr Phule Abhijit M. ...

CORAM : V.K. JADHAV, J.

Dated: March 21, 2018 ...

PER COURT :- 1.

Learned counsel appearing for all the respondents, on instructions, submits that, the petitioner never made a request in terms of the clause No.13 of the agreement for appointment of the Arbitrator and on the other hand the petitioner has issued a legal notice which was unwarranted and uncalled for. Learned counsel for respondents, on instructions, submits that, if the request is made in terms of clause No.13 of the aaa/-

ARB APPLN 11.2015+.odt agreement, the Chairman of the respondent National Seed Corporation Limited would pass appropriate order. 2.

Learned counsel for the petitioner, on instructions, submits that, the petitioner would also submit the request to the respondents within TWO WEEKS from today for appointment of the Arbitrator. If such a request is made, the learned counsel for respondents submits that, appropriate order in terms of the clause 13 of the agreement would be passed within a period of FOUR WEEKS, thereafter. Learned counsel appearing for the petitioner also accept the same.

3.

In view of the above submissions/statement, both the Arbitration Applications are disposed of accordingly. No costs.

( V.K. JADHAV, J. ) ...

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