Luis Nemesio Menezes And ANR v. Agapito Salvador Bento Menezes

Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

APPLN. FOR APPOINTMENT OF ARBITRATOR NO. 7 OF 2023. LUIS NEMESIO MENEZES AND ANR.

... Applicants V/S AGAPITO SALVADOR BENTO MENEZES ... Respondent Mr. J. E. Coelho Pereira, Senior Advocate with Mr. Bernard Fernandes, Advocate for the Applicants.

Mr. S. N. Joshi, Advocate for the Respondent. _______________________

CORAM:

B. P. DESHPANDE, J DATED:

13th December 2023 _______________________ P.C.

1.

Heard Senior counsel Mr. J. E. Coelho Pereira with Mr. Bernard Fernandes for the Applicants and Mr. S. N. Joshi for the Respondent. 2.

Both learned counsel submits that they are agreed to the name of Justice N. A. Britto a Former Judge of High Court of Bombay at Goa to be appointed as Arbitrator.

3.

In view of the above statement and since both parties suggested the name, Justice N. A. Britto is appointed as Arbitrator.

4.

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

Justice N. A. Britto, a Former Judge of High Court of Bombay at Goa, is appointed as the Sole Arbitrator to decide upon the disputes and differences between the Applicants and the Respondent arising out of Deed of Partnership dated 01/12/1987.

b.

A copy of this order will be communicated to the learned Sole Arbitrator by the Advocate for the Applicants 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 Applicants 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, petition stands disposed of. B. P. DESHPANDE, J