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Bombay High CourtMCA/479/2024disposed off

M/S Trident Chemphar Ltd.And Aurobindo Realty And Infra Pvt. Ltd. Consortium(M/S Trident Auro Cons) v. Western Coalfields Limited, Nagpur Through The Office Of General Manager

2024-08-22Hon'Ble Shri Justice G. A. Sanap2 pages

mca479.24.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION (ARBN) NO.479 OF 2024 (M/s Trident Chemphar Limited and Aurobindo Realty and Infra Pvt. Ltd. Consortium (M/s Trident Auto Consortium) having its office at Hydrabad, Telangana Vs. Western Coalfields Limited, Nagpur thr. the office of General Manager (CMC), Nagpur, Maharashtra) ---------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

---------------------------------------------------------------------------------------------------------------------------------- Mr. Ashish Chaware, Advocate for Applicant.

Mr. N. G. Moharir, Advocate for Non-Applicant. CORAM: G. A. SANAP, J.

DATE: 22 nd AUGUST, 2024.

This is an application for appointment of Arbitrator for resolution of a dispute arisen between the parties. The contract agreement is dated 30.08.2018. The dispute is arising out of this agreement. Clause no. 4.13(A) provides for settlement of the disputes through arbitration. In my view, independent Arbitrator is required to be appointed for resolution of dispute. The learned Advocates' for the parties suggest the name of Shri B. P. Dharmadhikari (Former Chief Justice of the Bombay High Court) as an Arbitrator. In view of this, I propose to appoint Shri B. P. Dharmadhikari (Former Chief Justice of the Bombay High Court) as sole Arbitrator.

2.

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

mca479.24.O.odt 3.

The Registry shall do the needful within two weeks.

4.

The learned Advocate for the non-applicant has handed over across the bar the copy of the reply, which is taken on record.

5.

Stand over after three weeks.

(G. A. SANAP, J.) NSN Signed by: Mr. N.S. Nikhare Designation: PA To Honourable Judge Date: 26/08/2024 18:02:43