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Bombay High CourtCAO/106/2024disposed off

Shri Shriram Goverdhandasji Agrawal And Others v. M/S Jai Bajrang Pulse And Oil Industries, By Its Partner, Shri Rajendra G. Agrawal, Amt. And Oth

2024-09-12Hon'Ble Shri Justice G. A. Sanap3 pages

2024:BHC-NAG:10469 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.106 OF 2024 IN MISC. CIVIL APPLICATION (ARBN) NO.192 OF 2019 Shriram Goverdhandasji Agrawal and ors.

(Vs.) M/s. Jai Bajrang Pulse and Oil Industries and ors. WITH CIVIL APPLICATION (CAO) NO.107 OF 2024 IN MISC. CIVIL APPLICATION (ARBN) NO.578 OF 2019 Sumit Shriram Agrawal (Vs.) M/s Raj Industries and ors.

____________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Nitin A. Lalwani, Advocate for applicant in both applications. Mr. M.A. Vishwarupe, Advocate for non-applicant No.2 in both applications. CORAM : G.A. SANAP, J.

DATE : 12.09.2024 1.

Heard.

2.

These are an applications for substitution of the Arbitrator appointed in this case for resolution of disputes between the parties.

3.

It is stated that learned Arbitrator by his letter dated 24.09.2023, has informed the Registrar (Judicial) of this Court about his withdrawal from

2/3 the proceedings as an Arbitrator.

4.

It is evident that Arbitrator was appointed by this Court for resolution of disputes between the parties. Now, the Arbitrator has withdrawn from the proceedings.

5.

In view of this, new Arbitrator is required to be appointed. Similarly, due to expiry of the extended period of six months, the mandate of the Arbitrator has terminated. Learned Advocates have submitted a list of the Advocates, who are on the panel of the Arbitrators.

5.

On going through the record and list of the names, in my view, it would be appropriate to appoint Mr. P.U Deshmukh, as a Sole Arbitrator for resolution of disputes between the parties.

6.

Accordingly, Shri P.U. Deshmukh, is appointed as an Arbitrator for resolution of disputes between the parties. The learned Arbitrator shall start the proceeding from the stage where it was left over by the earlier arbitrator.

7.

The mandate of the Arbitrator is restored.

8.

Civil Application Nos.106 and 107 stand

3/3 disposed of.

9.

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

10.

The Registry shall do the needful within two weeks.

11.

Stand over to 03.10.2024.

JUDGE manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 19/09/2024 18:35:08