Royal Orchid Associated Hotels Private Limited v. Cmcg India Private Limited

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION NO. 30 OF 2024 Royal Orchid Associated Hotels Private Limited

...Petitioner

Versus

CMCG India Private Limited

...Respondent

Mr Bimal Rajsekhar, for the Petitioner.

Mr Rajesh S Datar, i/b Dhruti Datar, for the Respondent.

CORAM:

ARIF S. DOCTOR, J DATED:

26th September 2024 PC:- 1.

After the matter was argued at some length, Learned Counsel SHEPHALI SANJAY MORMARE appearing on behalf of the Respondent submits that nothing now remained in view of the fact that the Respondent had offered an amount by SHEPHALI SANJAY MORMARE Date: 2024.09.30 11:23:44 +0530 of Rs. 9 lakhs, which according to him would satisfy the claim of the Petitioner. Learned Counsel appearing on behalf of the Petitioner submits that the claim to be made in the arbitration was on account of damages and wrongful terminations as also management fees, which is entire separate and distinct claim 2.

It is in this background, that he was willing to consent to the appointment of an Arbitrators, subject to all his rights and contentions are being kept open and making a counter-claim against the Petitioner.

3.

Hence, I appoint Mr Dormaan Dalal, Advocate to act as a 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 Dormaan Dalal, 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 at the following postal and email addresses:

Arbitrator Mr Dormaan Dalal, Advocate Address 207, Bluemoon Chambers behind Beauon Chambers, 25, Nagindas Master Road (Tata Motors Lane), near Welcome Restaurant, Fort, Mumbai 400 001 Mobile 9503810380 Email dormaandalal@gmail.com

(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: The arbitral tribunal's fees shall 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 Petition is disposed of in these terms. No costs. (ARIF S. DOCTOR, J)