Dipak S/O Annasaheb Patil v. Ashok Madhukarrao Pawar And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 47 ARBITRATION APPLICATION NO. 21 OF 2024 DIPAK S/O ANNASAHEB PATIL

VERSUS

ASHOK MADHUKARRAO PAWAR AND OTHERS ...

Advocate for Applicant : Mr. Gapat Pramod Babanrao ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 09th SEPTEMBER, 2024 PER COURT:

1.

Heard.

2.

The learned counsel for the applicant submits that the parties have entered into a development agreement dated 08.11.2012. The learned counsel submits that clause 11 of the agreement provides for arbitration of the dispute. He submits that notice was issued to the respondents for appointment of the arbitrator dated 08.07.2024, which was replied by the respondent dated 18.07.2024. The applicant has suggested the name of the arbitrator in his notice, however, the respondents have suggested name of another arbitrator. Since, there is dispute as regards the person to appointed as arbitrator, the learned counsel for the applicant has filed application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of the arbitrator.

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Issue notice to the respondents, returnable on 07.10.2024. 4.

In addition to the court notice, learned counsel for the applicant is permitted to serve the respondents by way of permissible private modes and shall file affidavit to that effect on or before the next date.

[ARUN R. PEDNEKER, J.] marathe