Bajirao Budhaji Shinde v. Satish Budhaji Shinde And ORS

1 ca 14912.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14912 OF 2022 IN ARBITRATION APPLN. NO. 05 OF 2016 Bajirao Budhaji Shinde .. Applicant

Versus

Satish Budhaji Shinde and others .. Respondents Shri Amol K. Gawali, Advocate for the Petitioner. Shri Dnyaneshwar A. Bide for the Respondent No. 5. CORAM :

SANDEEP V. MARNE, J.

DATE :

23RD DECEMBER, 2022.

ORDER :

.

By order dated 31.01.2020, this Court had appointed Justice P. G. Gaikwad, Former Judge of this Court as sole arbitrator to adjudicate upon the disputes between the parties. However, Justice P. B. Gaikwad (retired) has conveyed his inability to at as sole arbitrator by his letter dated 22nd December, 2022.

2.

Therefore, present civil application is filed for appointment of another arbitrator.

3.

Since there appears to be no consensus between the parties on exact name of the arbitrator, this Court is proceeding to appoint Shri Justice V. K. Jadhav, Former Judge of this Court to

2 ca 14912.22 act as sole arbitrator to adjudicate upon the disputes between the parties.

4.

Accordingly the civil application as well as arbitration application are disposed of in terms of following order. a) Appointment of Arbitrator :- Shri Justice V. K. Jadhav, Former Judge of this Court is appointed to act as sole arbitrator to adjudicate upon the disputes between the parties.

(b) Communication to Arbitrator of this order :- (i) A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the Applicant within one week from the date this order is uploaded.

(ii) In addition, within one week of this order being uploaded, the Registry will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses :- Arbitrator : Hon'ble Mr Justice V. K. Jadhav, former Judge of this Court.

Address :

Building No. A-3, Flat No.401, My World Pride, Opp. Airport, Jalna Road, Aurangabad.

Phone :

94220 69570.

Email :

vishwasjadhav@hotmai.com

3 ca 14912.22 (c) Disclosure :- The learned Sole Arbitrator is requested to forward the necessary statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act to the Registrar of this Court, referencing this arbitration application, as soon as possible, and in any case sufficiently before entering upon the reference to arbitration. That statement will be retained by the Registrar on the file of this application. Copies will be given to both sides. (d) Appearance before the Arbitrator :- Parties will appear before the learned Sole Arbitrator on such date and at such place as the learned Sole Arbitrator nominates to obtain appropriate directions in regard to fxing a schedule for completing pleadings, etc.

(e) Contact/communication information of the parties :- Contact and communication particulars are to be provided by both sides to the learned Sole Arbitrator within one week of this order being uploaded. The information is to include a valid and functional email address.

f) Section 16 application :- The respondent is at liberty to raise all questions of jurisdiction within the meaning of section 16 of the Arbitration Act. All contentions are left open.

4 ca 14912.22 (g) Interim Application/s :- (i) Liberty to the parties to make an interim application or interim applications including (but not limited to) interim applications under Section 17 of the Arbitration & Conciliation Act, 1996 before the learned Sole Arbitrator.

(ii) Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems fit.

(h) Fees :- The arbitral tribunal's fees shall be governed by the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018. (i) Sharing of costs and fees :- Parties agree that all arbitral costs and the fees of the arbitrator will be borne by the two sides in equal shares in the first instance.

(j) Consent to an extension, if thought necessary. Parties immediately consent to a further extension of up to six months to complete the arbitration should the learned Sole Arbitrator find it necessary.

(k) Venue and seat of arbitration :- Seat of the arbitration would be governed by the provisions of the agreement executed between the parties. Parties agree that venue of the arbitration will be at Aurangabad. [SANDEEP V. MARNE, J.] bsb/Dec. 22