S And R Geotechniques Pvt Ltd Through Managing Director Jalinder Subhash Salunkhe v. Thermax Limited

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 160 OF 2024 S & R Geotechniques Pvt Ltd Through Managing

...Petitioner

Director Jalinder Subhash Salunkhe

Versus

Thermax Limited

...Respondent

Mr PM Jadhav, for the Petitioner.

Ms Risha Alva, i/b Argus Partners, for the Respondent.

CORAM:

ARIF S. DOCTOR, J SHEPHALI SANJAY MORMARE DATED:

2nd December 2024 PC:- SHEPHALI SANJAY MORMARE Date: 2024.12.03 17:21:46 +0530 1.

The present Arbitration Petition is filed under Section 11 of the Arbitration and Conciliation Act 1996 for appointment of the Sole Arbitrator to resolve the disputes and differences between the parties under a Purchase Order dated 10th October 2022. 2.

Today, Ms Alva, Learned Counsel appearing on behalf of the Respondent submitted that her client has no objection to the Petition being allowed.

3.

Hence, in view of the fact that there is no opposition to the appointment of the Sole Arbitrator, I appoint Mr Abhijit Tikar, Advocate

to act as the Sole Arbitrator to decide the disputes and differences between the parties on the following Terms and Conditions: TERMS OF APPOINTMENT (a) Appointment of Arbitrator: Mr Abhijit Tikar, 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 Abhijit Tikar, Advocate Address Sr NO. 32/5B,, Ambegaon Budruk, Nilgiri Trees Road, Behind Bharti Vidyapeeth, Pune 411 046 Mobile 9822332491 (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.

(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. 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 Pune.

4.

All rights and contentions of the parties are expressly kept open. 5.

The Commercial Arbitration Petition is disposed of in these terms. No costs.

(ARIF S. DOCTOR, J)