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Bombay High CourtMCA/1483/2017disposedoff

Navalkishor Radheshyamji Kulwal v. Omprakash Radheshyamji Kulwal

2018-04-03Hon'Ble Shri Justice Z.A. Haq2 pages

1 mca1483.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.1483 OF 2017 (NAVALKISHOR RADHESHYAMJI KULWAL....VS.. OMPRAKASH RADHESHYAMJI KULWAL.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.J.Chandurkar, Advocate for Applicant.

Shri S.A.Mohta, Advocate for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : APRIL 03, 2018.

Heard.

2.

By order passed on 19th March, 2018 it was proposed that Shri A.D.Babrekar, retired Principal District Judge can be the Arbitrator to resolve the dispute between the parties and the learned Registrar (Judicial) was asked to seek disclosure from the proposed arbitrator. 3.

By the communication dated 30th March, 2018 Shri A.D. Babrekar, Retired Principal District Judge has shown willingness to act as Arbitrator in the matter. However, the disclosure as required by Sections 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996 is not furnished. 4.

In the above facts, the following order is passed: i) Shri A.D.Babrekar, Retired Principal District Judge is appointed as Arbitrator to resolve the dispute between the parties.

2 mca1483.17 ii) Before entering the office of Arbitrator the learned Arbitrator shall furnish disclosure as required by Section 11(8) and Section 12(1) of the Arbitration and Conciliation Act, 1996.

iii) As agreed between the parties, the arbitration proceedings would be taken up at Amravati.

iv) The applicant to deposit Rs.Ten Thousand towards processing charges within four weeks. The application is disposed in the above terms. In the circumstances, the parties to bear their own costs. JUDGE RRaut..