Tadoba Andheri Tiger Reserve Conservation Foundation, Chandrapur Thr. Its Executive Director v. Wild Connectivity Solutions, Chandrapur Represented By Its Partner Shri. Abhishek Vinodsingh Thakur

1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION (ARBN) NO.360 OF 2024 Tadoba Andhari Tiger Reserve Conservation Foundation, A Public Trust (Vs.) Wild Connectivity Solutions, a Partnership Firm having its Office ____________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Kartik N. Shukul, Advocate with Mr. Raghav Bhandarkkar and Mr. Raghav Tiwari, Advocates for applicant.

Mr. R.L. Khapre, Senior Advocate assisted by Mr. G.S. Kadambi, Advocate for non-applicant. CORAM : G.A. SANAP, J.

DATE : 17.10.2024 1.

Heard Mr. Kartik N. Shukul, learned Advocate for the applicant and Mr. R.L. Khapre, learned Senior Advocate for the non-applicant. 2.

This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator for resolution of dispute arising between the parties.

3.

The service level agreement between the parties is dated 10.12.2021. It is submitted that dispute has arisen between the parties with regard to

2/3 the terms and conditions of the agreement. The dispute arising between the parties has been set out in the application as well as in the reply filed by the non-applicant. Learned Advocates after arguing the matter for some time submit that for the resolution of dispute arising between the parties under this agreement the Arbitrator may be appointed for resolution of the said dispute in terms of clause (9) of the agreement. Learned Advocates submit that Mr. Justice B.P. Dharmadhikari (Former Chief Justice of Bombay High Court) may be appointed as Sole Arbitrator.

4.

Accordingly, this Court proposes to appoint Mr. Justice B.P. Dharmadhikari (Former Chief Justice of Bombay High Court) as Sole Arbitrator.

5.

Learned Advocates for the parties submit that considering the fact that Mr. B.P. Dharmadhikari, Former Chief Justice of this Court being appointed as an Arbitrator, the Seat of the Arbitration shall be at Nagpur, though the

3/3 agreement mentions that the Seat of the Arbitration shall be at Chandrapur.

6.

This statement is accepted.

7.

The Registrar (Judicial) to seek disclosure as per Section 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996.

8.

The Registry shall do the needful within two weeks.

9.

The applicant shall deposit Rs.10,000/- (Rupees Ten Thousand Only) with the Registry of this Court within six weeks towards processing charges.

10.

Stand over after four weeks.

JUDGE manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 21/10/2024 11:09:24