Tayal Ventures v. Amoda Spintex Limited

2024:BHC-AUG:3013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 969 ARBITRATION APPLICATION NO. 27 OF 2023 TAYAL VENTURES

VERSUS

AMODA SPINTEX LIMITED ...

Advocate for Applicant : Mr.R.R.Totla Advocate for Respondent : Mr.Amol Gawali ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 31.01.2024 P.C. :

1] Disputes have arisen between the parties out of agreement dated 28.10.2020. Clause No.38 of the said agreement provides for resolution of the disputes by arbitration. Learned counsel for the parties agree that the disputes between the parties can be referred to a sole Arbitrator. Arbitral clause of the said agreement is as under: .

In event of any dispute or difficulties / doubts are arising out of this Agreement both the parties shall nominate / appoint an Arbitrator from each side and both arbitrators will settle the issue.

2] Both parties agree that, Justice Sunil P. Deshmukh, former Judge of this Court can be appointed as an Arbitrator to decide the disputes arising between them.

3] Accordingly, the arbitration application is disposed of with following order :

a] Appointment of Arbitrator :- Justice Mr. Sunil P. Deshmukh, 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 post and email addresses :

Arbitrator : Justice Sunil P. Deshmukh Address : Nilprabha, Near Punjab National Bank, Bhagya Nagar, Aurangabad 431 001 Phone No. 95450 28282 Email : sunilpdeshmukh@gmail.com 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 fixing 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. 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.

k] Venue and seat of arbitration :

Seat of the arbitration would be governed by the provisions of the agreement executed between the parties.

[ARUN R. PEDNEKER] JUDGE DDC