Nishant Prakashchandra Bhutada v. Hemant Ramesh Chopda

24-ARP-93-2024.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 93 of 2024 Nishant Prakasshchandra Bhutada

...Petitioner

Versus

Hemant Ramesh Chopda

...Respondent

Mr. Mayank Bagla, i/b Jainish Jain, for the Petitioner. Mr. Sandeep D Shinde, i/b Ergo Juris, for the Respondent. SHEPHALI SANJAY MORMARE SHEPHALI SANJAY MORMARE Date: 2024.06.25 19:04:21 +0530

CORAM:

ARIF S. DOCTOR, J DATED:

25th June 2024 PC:- 1.

Mr. Shinde, Learned Counsel appearing on behalf of the Respondent submitted that he is appearing today pursuant to a notice received by him by the Learned Counsel appearing on behalf of the Petitioner. He further submits that he is appearing in the arbitration proceedings and representing the Respondent, but he does not have any instructions to appear in this matter.

2.

Mr Bagla, Learned Counsel appearing on behalf of the Petitioner points out that the previous Learned Arbitrator who had been appointed by this Court had since recused himself for the reasons more particularly set out in the e-mail dated 1st November 2023, which is at page 43 of the Petition. To my mind, the issue now of a substitute

24-ARP-93-2024.DOC Arbitrator is really confined to the parties agreeing on a name, failing which the Court shall appoint an Arbitrator.

3.

It is for this reason, I am not inclined to give a longer date. 4.

List the matter on 2nd July 2024 high on board. 5.

communicated by the Learned Counsel appearing on behalf of the Petitioner as also by Mr. Shinde.

6.

It is also made clear that if none appears for the Respondent on the next date, the Court will pass appropriate orders disposing of the Petition.

(ARIF S. DOCTOR, J)