Kaavya Motion Pictures Pvt Ltd v. Nannditaa Kothari (Proprietor Of Nvk Films)

1 910-ARBAP-117-2024.doc by MULEY SHUBHAM PRAVINRAO Date:

2024.08.12 18:23:01 +0530 MULEY SHUBHAM PRAVINRAO

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 117 OF 2024 Kaavya Motion Pictures Pvt Ltd.

...Applicant Vs.

Nannditaa Kothari

...Respondent

----------------- Mr. Deepak Singh a/w Ankush Shah i/by SL Partners for the Applicant. Mr. Anil S. Diwate for the Respondent.

----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 9TH AUGUST, 2024 P.C.:- 1.

This is an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996.

2.

Today, Learned Counsel submit that parties have agreed to submit their disputes and differences arising out of Memorandum of Understanding dated 12 th October, 2021 to arbitration. In view thereof I deem it fit to appoint Advocate Abhishek M. Karnik to act as Sole Arbitrator to decide disputes and differences between the parties.

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2 910-ARBAP-117-2024.doc TERMS OF APPOINTMENT (a) Appointment of Arbitrator: Mr. Abhishek M. Karnik is hereby nominated to act as a Sole Arbitrator to decide the disputes and differences between the parties.

(b) Communication to Arbitrator of this order:

A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the Applicant within one week from the date this order is uploaded. (ii) The Advocates for the Applicant will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses:

Arbitrator/s Mr. Abhishek M. Karnik Address Chamber of Dr. Saraf, Senior Advocate, 302, Oval House, British Hotel Lane, Opposite Commerce House, Nagindas Master Road, Fort, Mumbai - 400023.

Mobile 9930351706 Email adv.amkarnik@gmail.com (c) Disclosure: The learned Sole Arbitrator is requested to forward, in hard copy or soft copy (or both), the necessary statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act to Advocates for the parties as soon as possible. The Advocates for the Applicant will arrange to file the original 2/4

3 910-ARBAP-117-2024.doc statement in the Registry. If the statement is forwarded in soft copy, a print out of the covering email is also to be filed in the registry. (d) Appearance before the Arbitrator: Parties will appear before the learned Sole Arbitrator on such date and at such place as the learned Sole Arbitrator nominates to obtain appropriate directions in regard to fixing a schedule for completing pleadings, etc. (e) Contact/communication information of the parties: Contact and communication particulars are to be provided by both sides to the learned Sole Arbitrator. The information is to include functional email addresses and mobile numbers.

(f) Section 16 application: The respondent is at liberty to raise all questions of jurisdiction within the meaning of section 16 of the Arbitration Act. All contentions are left open. (g) Interim Application/s:

Liberty to the parties to make an interim application or interim applications including (but not limited to) interim applications under Section 17 of the Arbitration & Conciliation Act, 1996 before the learned Sole Arbitrator. Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems fit.

(ii) The learned Sole Arbitrator is requested to dispose of all interim applications at the earliest.

(h) Fees: The arbitral tribunal's fees shall be governed by the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018. 3/4

4 910-ARBAP-117-2024.doc Sharing of costs and fees: Parties agree that all arbitral costs and the fees of the arbitrator will be borne by the two sides in equal shares in the first instance.

(j) Consent to an extension if thought necessary. Parties immediately consent to a further extension of up to six months to complete the arbitration should the learned Sole Arbitrator find it necessary. (k) Venue and seat of arbitration: Parties agree that the venue and seat of the arbitration will be in Mumbai.

3.

The application is disposed of in these terms. No costs. (ARIF S. DOCTOR, J.) 4/4