M/S.Lawande Sons, Represented By Its Partners Mr.Gaurish Vinayak Lawande. v. Mr.Ravi Kiran Shrikant Jadhav.

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IN THE HIGH COURT OF BOMBAY AT GOA

APPLICATION FOR APPOINTMENT OF ARBITRATOR NO.3/2016 M/s. Lawande Sons, A partnership firm, having its registered Office at Lobo Building, next to Sher-e-Punjab, 18th June Road, Panaji,Goa represented herein by its Partners Mr. Gaurish Vinyak Lawande and Mr. Nilesh Vinayak Lawande.

....... Applicant.

Versus

Mr. Ravi Kiran Shrikant Jadhav, son of Mr. Shrikant Jadhav, Businessman, resident of "Shripushpa" Wikaswadi, A/p-Kherdi, Chiplun, Ratnagiri, Maharashtra.

........ Respondent.

Mr. Sudin M.S. Usgaonkar, Senior Advocate with Ms. V. Palyekar, Advocate for the applicant.

None for the respondent though served.

CORAM :- F.M. REIS, J.

Date : - 15/07/2016.

ORAL ORDER :- This is an application for appointment of an arbitrator

2 aar3-16ssm under Section 11(6) of the Arbitration and Conciliation Act, 1996. The respondent, though served, failed to remain present. 2.

On perusal of the agreement between the parties, it cannot be disputed that there is an arbitration clause. The averments in the application suggest that the alleged dispute raised by the applicant arises from such agreement which is covered by an arbitration clause. The averments made in the application stand uncontroverted as the respondent has not filed any reply for appointment of an arbitrator. The respondent failed to appoint an arbitrator in terms of the agreement despite a notice to that effect.

3.

In such circumstances, I pass the following : O R D E R Justice R.M.S. Khandeparkar, retired Judge of this Court is appointed as the sole Arbitrator to adjudicate the dispute between the parties.

The application stands disposed of accordingly. F.M. REIS, J.

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