Zen Media Llp v. Poly Glass Fiber Industries Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMM. ARBITRATION APPLICATION NO. 89 OF 2024 Zen Media LLP ..

Applicant.

v/s.

Poly Glass Fiber Industries Pvt. Ltd., ..

Respondent.

Ms. Diksha Brahma i/b. Kunal Naik, for the Applicant. Ms. Mansi Kaku, for the Respondent.

Digitally signed by SMITA RAJNIKANT JOSHI Date:

2024.09.09 16:09:35 +0530 SMITA RAJNIKANT JOSHI CORAM: FIRDOSH P. POONIWALLA, J.

DATE : 9th SEPTEMBER, 2024.

P.C:- This Application has been filed under the provisions of Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act"), for appointment of an Arbitrator to arbitrate upon all disputes and differences arising between the parties under the Shipbuilding Contract dated 7th October, 2018 entered into between the parties for construction of one LED Display Barge. Clauses 15.3 to 15.7 of the said Shipbuilding Contract provide for Arbitration.

The parties are agreeable to go to arbitration but are unable to agree on the name of the Arbitrator and have therefore requested the Court to appoint an Arbitrator.

In these circumstances, the following order is passed:-

(a) Mr. Salil Shah, an Advocate practising in this Court, is appointed as the Arbitrator to arbitrate upon all disputes and differences between the parties under the said Ship Building Contract dated 7th January, 2019. The contact details of Mr. Salil Shah, who is appointed as an Arbitrator, are as under:- Name :- Mr. Salil Shah, Advocate Mobile No.

:- 98210 76362 Email :- salil_s@yahoo.com Address :- 314, Yusuf Condominiums, 3rd Floor, V. Nariman Road, Fort, Mumbai 400 023.

(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) The Arbitrator shall charge fees as per the Rules framed by this Court in that regard.

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

(FIRDOSH P. POONIWALLA ,J.)