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Bombay High CourtAAR/9/2021allowed

Susheela Homes And Properties Pvt. Ltd., Thr. Its Aut. Rep., Abhijeet Salkar v. Mypreferred Transformation And Hospitality Pvt. Ltd.

2022-02-26Hon'Ble Shri Justice Manish Pitale2 pages

902-AAR-9-2021..DOC Vinita

IN THE HIGH COURT OF BOMBAY AT GOA.

APPLICATION FOR APPOINTMENT OF ARBITRATOR NO.9 OF 2021 SUSHEELA HOMES AND PROPERTIES PVT. LTD., THR. ITS AUT. REP., ABHIJEET SALKAR VS MYPREFERRED TRANSFORMATION AND HOSPITALITY PVT. LTD.

...Applicant.

...Respondents.

Mr. V. Salatry, Advocate for the applicant.

Mr. A. Gosavi, Advocate for the respondent.

CORAM:

MANISH PITALE, J.

Date:

26th FEBRUARY, 2022 P.C.

This is an application under Section 11 of the Arbitration and Conciliation Act, 1996. The applicant has entered into an Management services agreement with the respondent. 2.

In the context of the said agreement, a dispute arose between the parties. It is undisputed that there is an arbitration clause in the said agreement.

3.

The applicant had issued notice dated 5.4.2021 to the respondent for the appointment of the arbitrator. The same was disputed by the respondent on the ground that the agreement in question was not properly stamped. It is an admitted position

902-AAR-9-2021..DOC that thereafter remedial steps were taken by the applicant. The aforesaid agreement came to be properly stamped. In this application, notice was issued and the respondent has appeared through Counsel. On instructions, it is stated on behalf of both the parties that Mr. R. G. Ramani, learned Senior Counsel may be appointed as the sole arbitrator.

4.

In view of the above, the present application is allowed by appointing Mr. R. G. Ramani, learned Senior Counsel as the sole arbitrator in the present matter.

5.

Parties shall appear before the learned arbitrator on 24.3.2022.

6.

Application stands disposed of.

MANISH PITALE J.