M/S Avaneesh Logistics Private Ltd, Nagpur Thr. Its Director Anil Mohanlal Sapra v. Western Coalfields Ltd Thorugh Its General Manager, Nagpur And Other
10.mca.817.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
MISC. CIVIL APPLICATION (ARBN) NO. 817 OF 2024 M/s. Avaneesh Logistics Private Limited, Nagpur through its Director .vs.
Western Coalfields Limited and another _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr P. P. Kothari, Advocate for the applicant Mr Nachiket Moharir, Advocate for non-applicant No. 1 CORAM :
G.A. SANAP J.
DATE :
NOVEMBER 21, 2024 Heard.
2.
This is an application for appointment of an arbitrator. The agreement is dated 20.10.2017. The agreement provides for the arbitration clause for resolution of dispute arising between the parties. The claim notice invoking arbitration clause is dated 13.12.2023. The reply is dated 01.07.2024. After undergoing in-house procedure the notice dated 15.07.2024 was issued.
3.
Perusal of the agreement shows that the mechanism for resolution of a dispute by way of an arbitration has been provided in the agreement. The applicant has invoked the arbitration clause. In view of this, the arbitrator is required to be appointed.
10.mca.817.2024.odt 4.
Accordingly, this Court proposes to appoint Shri Justice R. B. Deo, the Former Judge of the Bombay High Court as the sole Arbitrator to resolve the dispute between the parties.
5.
The Registrar (Judicial) to seek disclosure as per Section 11(8) and 12(1) of the Arbitration and Conciliation Act, 1996.
6.
The applicant shall deposit Rs.10,000/- (Rupees Ten Thousand Only) with the Registry of this Court within three weeks towards processing charges. 7.
The Registry shall do the needful within three weeks.
(G. A. SANAP, J) Namrata Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 22/11/2024 12:50:21