Smt. Neela Prabhaubhai Rathod v. Kashibai Jadavji Rathod (Since Dead) Thr. Lrs. Shri Kantilal Jadavji Rathod And Others

MCA 1035.18.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR MCA No.1035/2018 Smt. Neela V Kashibai thr Lrs and others ********************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

********************************************************************************* Mr. A.C. Dharmadhikari, Adv for applicant.

Mr. Rohit Joshi, Adv for reps. Nos.1(i), (ii), (iii), , 2(i), (ii), (iii), (iv), (v) to (ix) and 3 and 4.

CORAM : AVINASH G GHAROTE, J.

DATE : 27-01-2023 Heard Mr. Dharmadhikari, learned Counsel for applicant and Mr. Joshi, learned Counsel for respondents.

2.

Mr Joshi, learned Counsel for the respondent, has no objection, if the matter is referred before the learned Arbitrator by appointing an Arbitrator, subject to the conditions that all the questions and contentions which would be available to the respondents in law are kept open. It is trite that while deciding application u/s. 11(6) of the Arbitration Act, the Court does not decide any questions on merits and therefore considering the aggreability, Mr J. J. Chandurkar, Advocate, who is already appointed as an Arbitrator in between the parties in respect of an earlier dispute, by consent, is appointed as Arbitrator, in respect of the present application.

MCA 1035.18.

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The parties shall appear before the Arbitrator on 06-02-2023. It is made clear that all contentions including the arbitrability of the dispute is also kept open.

4.

The processing fees shall be paid before 02-02-2023.

JUDGE Deshmukh