Sanjay S/O Vithalrao Pachbudhe v. The General Manager, Ordinance Factory Ambajhari, Nagpur And Others

mca1286.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION NO. (ARB.) NO.1286/2017 Sanjay s/o Vithalrao Pachbudhe .vs. The General Manager, Ordinance Factory, Ambajhari and ors.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M. Shareef, Advocate for applicant.

Mr. A. Deshmukh, Advocate holding for Mr. U. A. Aurangabadkar, Advocate for non applicant no.1. CORAM : V.M. DESHPANDE, J.

DATED : DECEMBER 7, 2018 Heard Mr. Shareef, learned counsel for the applicant and Mr.Deshmukh, learned counsel for non applicant no.1.

This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator. Record shows that on 26.10.2018, this Court (Coram: A. S. Chandurkar, J.) observed that there was no dispute amongst the parties in respect of the existence of arbitration clause and for referring the matter to the Arbitrator to resolve the dispute. By consent of the parties, Mr. A. S. Shivankar, Retired Principal District Judge was appointed. Accordingly, Mr. Shivankar has forwarded a Disclosure Statement, which is placed on record. That shows that he can proceed with the arbitration.

Mr. Shareef, learned counsel for the applicant submits that he will be depositing the process fees with

mca1286.17.odt the Registry. Both the learned counsel submit that they shall appear before the learned Arbitrator on 05.01.2019, as per the convenience of the learned Arbitrator and shall extend full cooperation to the learned Arbitrator for disposal of arbitration proceeding. The statement is accepted.

In that view of the matter, the application is disposed of.

JUDGE kahale