Goa Electronics Ltd., Thr. ITA Managing Director, Balkrishna S. Borkar., v. Murphy Electronics Pvt. Ltd.,

Meena

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.48 OF 2020 IN APPLN FOR APPOINTMENT OF ARBITRATOR NO.12 OF 2002 Goa Electronic Ltd. Thr. ITA Managing Director, Balkrishna S. Borkar v/s.

Murphy Electronics Pvt. Ltd.

... Applicant

...Respondent

Mr Rui Gomes Pereira, Advocate for the Applicant. Mr. Dilip N. Shirodkar, present in person for Respondent.

CORAM:

BHARAT P. DESHPANDE, J DATED:

3rd January, 2024 P.C.:

1.

Heard Mr. Pereira, learned Counsel for the applicant and Mr. Dilip Shirodkar, present in person for respondent. 2.

Vide order dated 27/03/2003 Justice G.D. Kamat (retired) was appointed as Arbitrator. Subsequently, vide order dated 12/02/2016 and 01/02/2018 separate Arbitrators were appointed, however, the dispute could not be resolved. Last Arbitrator Mr. P.V. Kamat (retired) District Judge withdrew since he was appointed on some authorities.

3.

Both the parties now pray that the Arbitrator to be appointed to resolve the dispute.

4.

In these circumstances, the following order is passed :- a.

Mr. U. V. Bakre, a Former Judge of this Court, is appointed as the Sole Arbitrator to decide upon the disputes and differences between the Applicant and the Respondent.

b.

A copy of this order will be communicated to the learned Sole Arbitrator by the Advocate for the Applicant within a period of one week from today.

c.

The learned Sole Arbitrator is requested to forward his Statement of Disclosure under Section 11 (8) read with Section 12 (1) of the Arbitration Act to the Advocate for the Applicant so as to enable him to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Application and a copy of the same shall be furnished by the Advocates for the Applicant to the Advocates for the Respondent.

d.

The parties shall appear before the learned Sole Arbitrator on such date and at such place as he nominates to obtain appropriate directions with regard to fixing a schedule for completing pleadings etc. The Arbitral Tribunal shall give all further directions with reference to the arbitration and also as to how it is to proceed.

e.

Contact and communication particulars shall be provided by both sides to the learned Sole Arbitrator within a

period of one week from today. This information shall include a valid and functional email address as well as the mobile numbers of the respective Advocates.

f.

The parties have agreed that the Sole Arbitrator shall charge his fees as per the 4th Schedule of the Arbitration and Conciliation Act, 1996 read with the Bombay High Court (Fee payable to Arbitrators) Rules, 2018. The parties have further agreed that all the arbitral costs and the fees of the Arbitrator will be borne by the Applicant and the Respondent equally and will be subject to the final Award that may be passed by the Tribunal. g.

The parties immediately consent to a further extension of six months to complete the arbitration, should the learned Sole Arbitrator find it necessary.

h.

The parties have agreed that the seat of the arbitration will be at Panaji, Goa. However, the venue of the Arbitration shall be decided by the Sole Arbitrator taking into consideration convenience of the parties as well as his convenience.

5.

In view of above, Application stands disposed of. B. P. DESHPANDE, J MEENA VISHAL BHOIR MEENA VISHAL BHOIR Date: 2024.01.03 18:49:48 +05'30'