Nanik Khubchandani v. Goel Siddhi Ven0tures Through Autho Partners Annuj Umesh Goel

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION NO. 25 OF 2024 Nanik Khubchandani

...Petitioner

Versus

Goel Siddhi Ventures Through Autho Partners Annuj

...Respondents

Umesh Goel SHEPHALI SANJAY MORMARE Mr Dormaan Dalal, for the Petitioner.

Mr Onkar Gawade, i/b Jaydeep Deo, for the Respondents. SHEPHALI SANJAY MORMARE Date: 2024.10.14 18:20:11 +0530

CORAM:

ARIF S. DOCTOR, J DATED:

10th October 2024 PC:- 1.

The present Commercial Arbitration Petition is filed under Section 11 of the Arbitration and Conciliation Act 1996 seeking appointment of a Sole Arbitrator who his in fact named Arbitrator in the Agreement between the parties.

2.

Today, Mr Gawade, Learned Counsel appearing on behalf of the Respondents submits that his clients do not have any objection to the appointment of Mr Chandan Parwani, Advocate, who is named Arbitrator in Clause 32 of the Agreement between the parties.

3.

In view thereof, by consent of the parties, I appoint Mr Chandan Parwani, Advocate, to act as the Sole Arbitrator to decide the disputes and differences between the parties on the following Terms and Conditions.

TERMS OF APPOINTMENT (a) Appointment of Arbitrator: Mr Chandan Parwani, Advocate, is hereby nominated to act as a Sole Arbitrator to decide the disputes and differences between the parties. (b) Communication to Arbitrator of this order:

A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the Petitioner within one week from the date this order is uploaded.

(ii) The Advocates for the Petitioner will forward an ordinary copy of this order to the learned Sole Arbitrator.

(c) Disclosure: The learned Sole Arbitrator is requested to forward, in hard copy or soft copy (or both), the necessary statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration Act to Advocates for the parties as soon as possible. The Advocates for the Petitioner will arrange to file the original statement in the Registry. If the statement is forwarded in soft copy, a print out of the covering email is also to be filed in the registry.

(d) Appearance before the Arbitrator: Parties will appear before the learned Sole Arbitrator on such date and at such place as the learned Sole Arbitrator nominates to obtain appropriate directions in regard to fixing a schedule for completing pleadings, etc.

(e) Contact/communication information of the parties: Contact and communication particulars are to be provided by both sides to the learned Sole Arbitrator. The information is to include functional email addresses and mobile numbers.

(f) Interim Application/s:

Liberty to the parties to make an interim application or interim applications including (but not limited to) interim applications under Section 17 of the Arbitration & Conciliation Act, 1996 before the learned Sole Arbitrator. Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems fit.

(ii) The learned Sole Arbitrator is requested to dispose of all interim applications at the earliest.

(g) Fees: Since the appointment of the Sole Arbitrator is by consent of the parties, the arbitral tribunal's fees shall not be governed by the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.

(h) Sharing of costs and fees: Parties agree that all arbitral costs and the fees of the arbitrator will be borne by the two sides in equal shares in the first instance. Consent to an extension if thought necessary. Parties immediately consent to a further extension of up to six months to complete the arbitration should the learned Sole Arbitrator find it necessary.

(j) Venue and seat of arbitration: Parties agree that the venue and seat of the arbitration will be in Pune.

4.

The Commercial Arbitration Petition is disposed of in these terms. No costs.

(ARIF S. DOCTOR, J) Note:

This order is modified as per order dated 14th October 2024. The correction is shown in paragraph 3(j) in bold, italics and underlined.