Steer Advisory Services Private Limited v. Horizon Packs Private Limited

1/2 26 CARAP-5-24.odt E-file

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MILIND SALGAONKAR Date: 2024.04.18 22:10:57 +0530 MANDIRA MILIND SALGAONKAR ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. ARBITRATION APPLICATION NO.05 OF 2024 Steer Advisory Services Private Limited ..

Applicant

Versus

Horizon Packs Private Limited ..

Respondent ...

Mr.Dharam Jumani with Mr.Rohan Mathur and Ms.Sonali Mukherjee i/b Anoma Law Group LLP for the Applicant. Mr.Sharan Jagtiani, Senior Advocate with Ms.Apurva Manwani, Mr.Kunal Parekh and Ms.Nirali Atha i/b Dua Associates for the Respondent.

...

CORAM: BHARATI DANGRE, J.

DATED : 17th APRIL, 2024 P.C:- 1.

In the wake of Clause 11.2 in the Engagement Letter issued in favour of the Respondent-Horizon Packs Private Limited, since the dispute has arisen between the parties and which contemplate its resolution through arbitration, by consent of the counsel appearing for the respective parties, Justice M.S.Sanklecha, Retired Judge of the Bombay High Court is appointed as a Sole Arbitrator to decide the disputes and differences between the parties under the document referred to above.

M.M.Salgaonkar

2/2 26 CARAP-5-24.odt The Arbitrator, within a period of 15 days before entering the arbitration reference, shall forward a statement of disclosure as per the requirement of Section 12(1) of the Arbitration and Conciliation Act, 1996, to the Prothonotary & Senior Master of this Court, to be placed on record of this application The Arbitrator, after entering the reference, shall fix the date of hearing and issue further directions, as are necessary. The sole Arbitrator shall be entitled to the fees prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal. 2.

Needless to state that all the rights and contentions, including the objection as regards the jurisdiction of the Arbitral Tribunal are kept open.

Comm. Arbitration Application No.05 of 2024 stands disposed off in the aforestated terms.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar