Shri Prashant S/O Babasaheb Wasade And Others v. Shri Anil Rathi S/O Late Shri O.L. Rathi And Another

31-cao-384-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application No. 384 of 2023 in Misc. Civil Application (Arbn.) No. 360 of 2022 (decided) Prashant Babasaheb Wasade and others

Versus

Anil S/o O.L.Rathi and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.R.Joharapurkar, Advocate for the applicant. Shri Chetan Dhore, Advocate for the non-applicant no.2.

CORAM : ANIL S. KILOR, J.

DATED : 21st JULY, 2023.

Heard.

2.

In the present matter, this Court had appointed Shri Justice R.K.Deshpande (Retd.) as a sole arbitrator with the consent of the parties, on 3rd February, 2023.

3.

The present application is moved for change of arbitrator for the reason that in another proceeding initiated by the respondent no.1 against the applicant, this Court had appointed Shri Justice R.K.Deshpande (Retd.) as a sole arbitrator with the consent of the SKNair

31-cao-384-23.odt parties on 25th November, 2022. However, the learned Arbitrator had recused himself to act as a sole arbitrator. Therefore, an application came to be filed in the said matter to appoint Chief Justice Shri B.P.Dharmadhikari (Retired) as a sole arbitrator vide order 13th March, 2023. Hence, a similar request is made in this matter. 4.

Learned counsel for the respondent has no objection for change of Arbitrator for the above referred reason. Accordingly, the application is allowed in terms of prayer clause (1).

5.

Civil application is disposed of.

[ANIL S. KILOR, J.] by SACHIDANAND KUTTAN NAIR Date:

2023.07.28 15:36:26 +0530 SACHIDANAND KUTTAN NAIR SKNair