Bombay High CourtMCA/623/2016admittedallwdgrantedrule absolute

M/S. Kurlon Limited A Company Ltd. Thr. Shri Sital Guchait v. Shri Wasudeo Nanduji Ingle Prop. Dilip Leathers Stores

2016-08-12Hon'Ble Shri Justice Z.A. Haq3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISCELLANEOUS CIVIL APPLICATION NO.623/2016 M/s. Kurlon Limited ..VS..

Shri Wasudeo Nanduji Ingle - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 12.8.2016.

Shri Shyam Dewani, Advocate for the applicant and Shri S.L. Kotwal, Advocate for the non-applicant jointly submit that the dispute between the parties is required to be resolved by an Arbitrator and suggest that the matter be referred to Shri M.N. Gilani, former Judge of this Court for arbitration.

Hence, the following order:

(i) Shri M.N. Gilani, former Judge of this Court is appointed as an Arbitrator to resolve the dispute between the parties.

(ii) The applicant and the non-applicant shall deposit Rs.50,000/- (Rs. Fifty Thousand Only) each before the Registry of this Court towards security for the fees of the learned Arbitrator within six weeks.

This amount shall be kept with the Registry of this Court till the arbitration proceedings are disposed by the Arbitrator.

(iii) The applicant and the non-applicant shall pay the fees of the learned Arbitrator directly.

(iv) The applicant shall also deposit Rs.10,000/- (Rs.

Ten Thousand Only) with the Registry of this Court towards processing charges within six weeks.

The application is allowed in the above terms. In the circumstances, the parties to bear their own costs.

Shri S.L. Kotwal, Advocate for the non-applicant states that the Special Civil Suit No.383/2016 filed by the non-applicant will be withdrawn and the claim would be included in the statement of counter-claim to be filed by the non-applicant before the learned Arbitrator.

JUDGE Tambaskar.

CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 18.8.2016.

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