Shiv Shakti Pvt. Ltd. v. The Oriental Insurance Co.Ltd

56-CARAP-154-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.01.29 17:57:12 +0530 IN ITS COMMERCIAL DIVISION SHRADDHA KAMLESH TALEKAR COMMERCIAL ARBITRATION APPLICATION NO. 154 of 2024 SHIV SHAKTI PVT. LTD. ....Applicant

Versus

THE ORIENTAL INSURANCE CO. LTD ....Respondent Ms. Diksha Tripathi i/b India Law LLP, for Applicant. Mr. S.S. Dwivedi, for Respondent.

CORAM : SOMASEKHAR SUNDARESAN, J.

Date : January 24, 2025 P. C.

1.

This is an Application under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act"), seeking appointment of an arbitrator, in connection with disputes and differences relating to an insurance policy issued by the Respondent to the Petitioner. The names suggested in the invocation notice not having been agreeable to the Respondent, this Application has been filed.

January 24, 2025 Shraddha

56-CARAP-154-2024.doc 2.

Today, when the matter is called out, Learned Counsel for the Respondent submits that a fresh set of names of the arbitrator, handed over in Court today, by Learned Counsel for the Applicant to the Learned Counsel for Respondent, would be reviewed by the Respondent to confirm if any of those names are acceptable. To enable Learned Counsel for the Respondent to take instructions on acceptability of the identity of an arbitrator, stand to January 30, 2025, under the caption, "For Final Disposal-Section 11". 3.

It is made clear that, if there is no consensus between the parties on the identity of the arbitrator, the Court would proceed to appoint an arbitrator in accordance with Section 11 of the Act.

4.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.] January 24, 2025 Shraddha