Sandeep Krishna Mhatre v. Shiva Bhopi Developers Llp
Digitally signed by MUGDHA MANOJ PARANJAPE Date:
2024.12.17 10:00:13 +0530 MUGDHA MANOJ PARANJAPE 1 19-ARP 124-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.124 OF 2024 Sandeep Krishna Mhatre & Ors.
... Petitioners V/s.
Shiva Bhopi Developers LLP & Ors.
... Respondents ----- Adv. Eesha Jaifalkar, Ruchi Umrotkar for the Petitioners. Adv. Sumedh S. Modak for the Respondents.
----- CORAM :
ARIF S. DOCTOR, J.
DATE :
16TH DECEMBER 2024 P.C. :
1.
This is an Arbitration Petition filed under Section 11 of the Arbitration & Conciliation Act, 1996 for the appointment of an Arbitrator in the disputes and differences between the parties arising out of a Limited Liability Partnership Agreement dated 19 th January 2017.
2.
Learned Counsel appearing on behalf of the Respondents very fairly does not oppose this Petition. They, by consent, suggest the name of Mr. Swanand Ganoo, Advocate to act as an Arbitrator.
2 19-ARP 124-24.doc 3.
Hence, I appoint Mr. Swanand Ganoo, Advocate to act as an Arbitrator in the disputes and differences between the parties on the following terms :- TERMS OF APPOINTMENT (a) Appointment of Arbitrator: Mr. Swanand Ganoo, Advocate is hereby nominated to act as a Sole Arbitrator to decide the disputes and differences between the parties.
(b) Communication to Arbitrator of this order:
A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the Petitioner within one week from the date this order is uploaded.
(ii) The Advocates for the Petitioner will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses: Arbitrator Mr. Swanand Ganoo, Advocate Address Office No.9, 1 st Floor, Rohit Chambers, Janmabhoomi Marg, Fort, Mumbai 400 001.
Mobile 98697 65529 Email swanandg@gmail.com
3 19-ARP 124-24.doc (c) Disclosure: The learned Sole Arbitrator is requested to forward, in hard copy or soft copy (or both), the necessary statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act to Advocates for the parties as soon as possible. The Advocates for the Petitioner will arrange to file the original statement in the Registry. If the statement is forwarded in soft copy, a print out of the covering email is also to be filed in the registry.
(d) Appearance before the Arbitrator: Parties will appear before the learned Sole Arbitrator on such date and at such place as the learned Sole Arbitrator nominates to obtain appropriate directions in regard to fixing a schedule for completing pleadings, etc. (e) Contact/communication information of the parties: Contact and communication particulars are to be provided by both sides to the learned Sole Arbitrator. The information is to include functional email addresses and mobile numbers.
(f) Interim Application/s:
Liberty to the parties to make an interim application or interim applications including (but not limited to) interim applications under Section 17 of the Arbitration & Conciliation Act, 1996 before the learned Sole Arbitrator. Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems fit.
(ii) The learned Sole Arbitrator is requested to dispose of all interim applications at the earliest.
4 19-ARP 124-24.doc (g) Fees: The arbitral tribunal's fees shall not be governed by the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018. (h) Sharing of costs and fees: Parties agree that all arbitral costs and the fees of the arbitrator will be borne by the two sides in equal shares in the first instance.
Consent to an extension if thought necessary. Parties immediately consent to a further extension of up to six months to complete the arbitration should the learned Sole Arbitrator find it necessary. (j) Venue and seat of arbitration: Parties agree that the venue and seat of the arbitration will be in Mumbai.
4.
The Petition is disposed of in these terms. No costs. (ARIF S. DOCTOR, J.)