Sagar Rammilan Mishra v. Santosh Ramkishor Shukla
by MULEY SHUBHAM PRAVINRAO Date:
2024.10.04 09:51:01 +0530 1 74-ARP-159-2024.doc MULEY SHUBHAM PRAVINRAO
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 159 OF 2024 Sagar Rammilan Mishra
...Petitioner
Vs.
Santosh Ramkishor Shukla
...Respondent
----------------- Mr. Gaurav Jangle a/w Nirmal Chopda i/by Vraj Legal for the Petitioner. Mr. Jitendra Oak for the Respondent.
----------------- CORAM : ARIF S. DOCTOR, J.
DATE : 3RD OCTOBER, 2024 P.C.:- 1.
This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to decide the disputes and differences between the parties which has arisen from the Partnership Deed dated 30 th March, 2007. There is no opposition to this application. Parties by consent request that Mr. Sadashiv S. Deshmukh (retired District Judge) be appointed as Sole Arbitrator. Hence, I appoint Mr. Sadashiv S. Deshmukh (retired District Judge) as Sole Arbitrator to decide the disputes and differences between the parties on the following terms:- 1/4
2 74-ARP-159-2024.doc TERMS OF APPOINTMENT (a) Appointment of Arbitrator: Mr. Sadashiv S. Deshmukh (retired District Judge) 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/s Mr. Sadashiv S. Deshmukh (retired District Judge) Address 403, Jupiter, Building No.9, (Gavandbaug), Pokharan Road 2, Thane (W) - 400 610.
Mobile 9820553525 Email ssadashiv07@gmail.com (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 2/4
3 74-ARP-159-2024.doc 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.
(g) Fees: The arbitral tribunal's fees shall 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.
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4 74-ARP-159-2024.doc 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.
2.
The Petitions are disposed of in these terms. No costs. (ARIF S. DOCTOR, J.) 4/4