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Bombay High CourtAAR/1/2021disposed of

Smita Hari Lotlikar., v. Seven Ocean Forex Tours And Travels Rep. By Its Director Sheikh Gause

2021-01-29Hon'Ble Shri Justice M. S. Sonak2 pages

Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

APPLICATION FOR APPOINTMENT OF ARBITRATOR NO.1 OF 2021 Smita Hari Lotlikar.

..... Applicant.

Versus

Seven Ocean Forex Tours and Travels represented by its Director.

..... Respondents.

Mr. C.A. Coutinho, Advocate for the Applicant. Mr. Byron Rodrigues, Advocate for the Respondent. Coram : M.S. Sonak, J.

Dated : 29 th January, 2021.

P.C.:- Heard the learned Counsel for the parties.

2.

The learned Counsel for the parties point out that the parties have, in fact, amicably settled the dispute which has arisen between them.

3.

In terms of the settlement, the respondents will vacate and hand over the vacant and peaceful possession of Shop No.9, Ground Floor, Our Lady of Grace Church Estate Building, Margao, Goa on or before 5 th February, 2021.

4.

The respondents have further agreed that the applicant may appropriate the deposit amount lying with the applicant, as full and final settlement of all the arrears or other dues in respect of the

respondents' occupation of the suit premises upto 5/2/2021. 5.

The applicant has also agreed that the applicant will not have any further claim for arrears or any other dues from the respondents, consequent upon the appropriation of the deposit amount.

6.

The learned Counsel for the parties submit that Mr. Gaurish Agni, Advocate of this Court, who is present in the Court today, be appointed as an arbitrator in this matter, so that consent terms, consistent with the aforesaid, are filed before him and the consent award is made by him.

7.

Mr. Agni, who is present in this Court, states that he has no difficulties in being appointed as an arbitrator in this matter and none of the disqualifications prescribed under the Arbitration and Conciliation Act, 1996 (said Act) applied, is admitted. 8.

Accordingly, with the consent of the parties, Mr. Gaurish Agni is appointed as an arbitrator in this matter. 9.

This application is disposed of in the aforesaid terms. 10.

All concerned to act on the basis of an authenticated copy of this order.

M.S. Sonak, J.

SANTOSH S MHAMAL MHAMAL Date: 2021.01.29 18:13:59 +05'30'