Bombay High CourtMCA/584/2022allowed

M/S Shree Datta Krupa Associates, Aurangabad Thr. Partner, Sanjay Rajabhau Sanpurkar v. M/S Pma Constructions Co., Nagpur Thr. Auth. Officer, Mayank Ashok Agarwal

2022-10-21Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 45mca584.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 584 OF 2022 M/s. Shree Datta Krupa Associates__ Vs. __M/s. PMA Construction Co. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. N.S.Muthiyan, Advocate for applicant Mr.R.P.Masurkar, Advocate for respondent.

CORAM :

AVINASH G. GHAROTE, J.

DATE : 21/10/2022 1] Heard Mr. N.S.Muthiyan, learned counsel for the applicant and Mr. Masurkar learned counsel for Respondent.

2] There is no dispute regarding sub-contract agreement dated 5.3.2021 (pg.11) and so also the existence of the arbitration Clause 12 therein. It is also not in dispute that controversies have arisen between the parties regarding implementation of the agreement for which dispute exists and the arbitration clause was invoked by the notice dated 5.7.2022 (pg.28) 3] Both the learned counsel for the parties have categorically made a statement that the resolving of the dispute by mutual consultation is not possible, as a result of which there is requirement to appoint an arbitrator in view of the fact that the dispute exists. I therefore appoint Justice V.M.Deshpande, Retired Judge of this

(2) 45mca584.22 Court to be the arbitrator to decide the dispute between the parties.

4] The parties shall report to the arbitrator on 8.11.2022. The applicant shall pay the necessary processing charges before the said date.

5] Application is accordingly allowed. No costs. JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: