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Bombay High CourtARBAP/46/2024disposed off

Trent Hypermarket Private Limited v. Surdhenu Foods Pvt. Ltd.

2024-11-27Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla3 pages

Vina Khadpe (P.S.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.46 OF 2024 Trent Hypermarket Private Limited .. Applicant

Versus

Surdhenu Foods Pvt. Ltd.

.. Respondent ....................

 Mr. Sanket Mumgale for the Applicant.

Digitally signed by VINA ARVIND KHADPE Date:

2024.11.30 11:02:43 +0530 VINA ARVIND KHADPE ...................

CORAM

: FIRDOSH P. POONIWALLA, J.

DATE : 27 NOVEMBER, 2024 P.C.

:

1.

In this Arbitration Application, by an order dated 9th January, 2024, this Court had appointed Ms. Manjari Shah, an Advocate practising in this Court, as an Arbitrator to arbitrate upon the disputes and differences between the parties under a Supply Agreement dated 18th July, 2019.

2.

The learned Advocate for the Applicant has informed the Court that, by an email dated 19th January, 2024, Ms. Manjari Shah has informed the Advocate for the Applicant that she would not be able to Act as an Arbitrator in this dispute. 3.

Accordingly, a request is made by the learned Advocate for the parties to appoint another Arbitrator.

4.

In the aforesaid circumstances, the following order is passed :-

(i) Mr. Aseem Naphade, an Advocate practising in this Court, is appointed as an Arbitrator to arbitrate upon all disputes and differences arising between the parties under the Supply Agreement dated 18th July, 2019. The details of the Arbitrator are as under :- Arbitrator :Mr. Aseem Naphade Address :31, Shanti Building, 3rd Floor, 6, Banaji Street, Fort, Mumbai 400 001.

Mobile :9920030695 Email :aseem1112@gmail.com ii) The learned Advocate for the Applicant to inform the Arbitrator about his appointment within a period of one week from the date of uploading of this order. iii) In addition, the office of the Prothonotary and Senior Master of this Court also to inform the Arbitrator about his appointment within a period of one week from the date of uploading of this order.

iv) The Arbitrator to make a disclosure, as required under the provisions of the Arbitration and Conciliation Act, 1996 ("Act"), within a period of one week from being so intimated.

iv) The Arbitrator to charge fees as per Rules framed by this Court in that regard.

5.

Accordingly, the Arbitration Application is disposed of in the aforesaid terms. There shall be no order as to costs. Vina Khadpe [ FIRDOSH P. POONIWALLA, J. ]