Bombay High CourtMCA/846/2019admittedallwdgrantedrule absolute

Cybertech Systems And Software Ltd., Thr. Senior Vice President And Head Mr. Vishal Bargat, Thane v. The Collector, Wardha

2020-01-31Hon'Ble Shri Justice R.V. Ghuge2 pages

1 mca846.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISCELLANEOUS CIVIL APPLICATION (ARBN.) NO.846/2019 CyberTech Systems and Software Ltd.

..V/s..

The Collector, Wardha - - - ----------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - ---------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.M. Mardikar, Advocate for the applicant. Ms K.R. Deshpande, A.G.P. for the non-applicant. CORAM : RAVINDRA V. GHUGE, J.

DATED : 31.1.2020.

1] Pursuant to the order dated 3.1.2020 passed by this Court, the litigating sides were to make an attempt to resolve the dispute. Since the dispute has not been resolved, it is intimated that this Court may proceed to pass an order appointing an Arbitrator. 2] The learned A.G.P. submits that a list of persons from amongst whom one person could be appointed as an Arbitrator, has already been supplied to the applicant. The said list contains the names of former Bombay High Court Judges and retired District Judges who are residing in Nagpur.

3] The learned Advocate for the applicant submits that considering it's financial status, it would prefer to select the name of Dr. (Shri) Anjan De, the learned Advocate, practicing at the Nagpur Bench. As the said name is included in the list submitted by the non-applicant, the said preference is indicated. 4] The learned A.G.P. submits that any person

2 mca846.19 from the list tendered by the District Collector can be appointed.

5] In view of the above, this application is allowed. Dr. (Shri) Anjan De, the learned Advocate, is appointed as the sole Arbitrator. The applicant shall deposit an amount of Rs.5,000/- with this Court as processing charges, on or before 15.2.2020. Both the sides would be at liberty to discuss with the learned Arbitrator as regards the quantum of fees to be paid. (RAVINDRA V. GHUGE, J.) Tambaskar.