Sheil Properties Pvt. Ltd. v. Dani Wooltex Corporation

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.230 OF 2024 Sheil Properties Pvt. Ltd., ..

Applicant.

v/s.

Dani Wooltex Corporation & Others ..

Respondents.

Mr. Sahil Gandhi i/b. Markand Gandhi & Co., for the Applicant. Mr. Bhavik M. i/b. Dhruve Liladhar & Co., for Respondent No.1. Digitally signed by SMITA RAJNIKANT JOSHI Date:

2024.12.07 14:44:41 +0530 SMITA RAJNIKANT JOSHI CORAM: FIRDOSH P. POONIWALLA,J.

DATE : 5th DECEMBER, 2024.

P.C:- This Application has been filed for substitution of the Arbitrator.

By an Order dated 17th November, 2011, Mr. Rohit Kapadia, Senior Advocate practising in this Court, was appointed as the Arbitrator. The learned Counsel for the parties have pointed out that, by a letter dated 26th July, 2023 addressed to the Advocates for the parties, Mr. Rohit Kapadia, has stated that, on account of health reasons, he is unable to continue as a Sole Arbitrator in the matter, and, therefore, the parties have requested that Mr. Rohit Kapadia be substituted with Mr. Akil Kureshi, Retired Chief Justice of Rajasthan and Tripura High Courts. Hence, the following orders are passed:-

(a) Mr. Akil Kureshi, Retired Chief Justice of Rajasthan and Tripura High Courts, is appointed as the Arbitrator in substitution of Mr. Rohit Kapadia, to arbitrate upon all the disputes and differences arising between the parties. The contact details of Mr. Akil Kureshi, Retired Chief Justice of Rajasthan and Tripura High Courts , who is appointed as an Arbitrator, are as under:- Name :- Mr. Akil Kureshi, Retired Chief Justice of Rajasthan and Tripura High Courts.

Mobile No. :- 94084 81511 Email :- akil.kureshi@gmail.com Address :- 617, Raheja Chambers 6th Floor, Free Press Journal Marg, 213, Nariman Point, Mumbai 400 021.

(b) The Advocate for the Applicant shall intimate the Arbitrator about his appointment within a period of one week from the date of uploading of this order;

(c) In addition, the Office of the Prothonotary and Senior Master of this Court shall also intimate the Arbitrator about his appointment within a period of one week from the date of uploading of this order.

(d) The Arbitrator so appointed to make the disclosure as required under the provisions of the Act within a period of one week from the date of intimation of his appointment;

(e) It is made clear that the Arbitrator is free to fix his fees with consultation of the parties. This fees shall initially be shared equally by the parties.

The Arbitration Application is disposed of in the aforesaid terms. There will be no order as to costs.

(FIRDOSH P. POONIWALLA,J.)