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Bombay High CourtCAO/1432/2024disposed off

Abhijeet Mahendra Darvekar v. Sampad Rabindranath Bisal

2024-11-28Hon'Ble Shri Justice G. A. Sanap2 pages

2024:BHC-NAG:12940 1 22 mca642.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

MISC. CIVIL APPLICATION NO. 642 OF 2023 ABHIJEET MAHENDRA DARVEKAR AND ANOTHER

VERSUS

SAMPAD RABINDRANATH BISAL AND ANOTHER.

------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Dhiraj Ailani, Advocate h/f Mr. U. J. Deshpande, Advocate for the applicants.

Mr. Sukanta Sarkar, Advocate for the non-applicants. CORAM : G. A. SANAP, J.

DATE : NOVEMBER 28, 2024.

1.

Pursuant to the order passed by this Court on 03.10.2024, the disclosure as required by Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996, is received from the proposed learned Arbitrator. Hence, the following order :

i.

Shri A. S. Shiwankar, Retired District and Sessions Judge, is appointed as Arbitrator to resolve the dispute between the parties.

ii.

Learned advocate for the applicants submitted that he is ready to deposit Rs.15,000/- (Rupees Fifteen thousand only) today itself, with the Registry of this Court towards processing charges.

iii.

Permission is granted for depositing the processing charges.

2.

The Misc. Civil Application is disposed of.

2 22 mca642.23.odt CIVIL APPLICATION (CAO) NO. 1432 OF 2024 1.

This is an application for speaking to minutes in respect of the order dated 03.10.2024.

2.

It is stated that in the order dated 03.10.2024, the 3rd and 18th line of paragraph 6 (page 4) and the 5th line from the bottom of paragraph 8 (page 6), need to be corrected. It is submitted that the suit was filed before the Court of learned District Judge, Commercial Court at Alipore and not before the Calcutta High Court. Learned advocate appearing for the other side submits that the Court may pass an appropriate order.

3.

Accordingly, the application is allowed.

4.

In place of the words "Calcutta High Court" appearing in the 3rd and 18th line of paragraph 6 and in the 5th line from the bottom of paragraph 8 of the order dated 03.10.2024, the words "the Court of learned District Judge, Commercial Court at Alipore" be substituted.

5.

Necessary correction be carried out.

6.

Corrected order be uploaded.

7.

The application stands disposed of. No costs. ( G. A. SANAP, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 28/11/2024 17:37:28