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Bombay High CourtAAR/4/2020disposed of

Deftary Descon Engineering Pvt. Ltd., Rep. By Ramesh L. Mandrekar., v. Sudarshan Dry Docks, Thr. Its Prop., Rudresh Naik.,

2021-01-15Hon'Ble Shri Justice M. S. Sonak2 pages

IN THE HIGH COURT OF BOMBAY AT GOA APPLN. FOR APPOINTMENT OF ARBITRATOR NO.4 OF 2020 Deftary Descon Engineering Pvt. Ltd.

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Applicant

Versus

Sudarshan Dry Docks ... Respondent Mr. Deep Shirodkar, Advocate for the Applicant. Mr. S. D. Padiyar, Advocate for the Respondent. Coram:- M. S. SONAK, J Date:- 15 th January, 2021 P.C.

Heard Mr. Deep Shirodkar, learned counsel for the Applicant and Mr. S. D. Padiyar, learned counsel for the Respondent. 2.

Mr. Padiyar pointed out that in this case an Arbitrator has already been appointed and even the ex-parte award has been made. However, on instructions he states that the Respondents will not go by the previous arbitration proceedings and are now agreeable for reference of the dispute to arbitration by any arbitrator to be appointed by this Court.

3.

The learned counsel for the parties suggested the name of Mr. R. G. Ramani, learned Senior Advocate of this Court for appointment of Arbitrator.

4.

Accordingly, the matter was adjourned in order to enable

Mr. R. G. Ramani, learned Senior Advocate to file a disclosure statement in terms of Section 12(1) of the Arbitration and Conciliation Act, 1996 ( the said Act).

5.

Today, the disclosure statement of Mr. R. G. Ramani, learned Senior Advocate in terms of Section 12(1) of the said Act is placed on record.

6.

In view of the aforesaid, Mr. R. G. Ramani, learned Senior Advocate of this Court is appointed as an Arbitrator to adjudicate into the disputes which have arisen between the parties. 7.

The arbitration including the fees payable thereof shall abide by the provisions of the said Act and Rules that may have been made in this regard.

8.

The application for appointment of arbitrator is disposed of in the aforesaid terms. There shall be no order as to costs. 9.

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

M. S. SONAK, J at* TARI AMRUT NAGESH NAGESH Date: 2021.01.16 16:09:51 +05'30'