Sany Heavy Industry India Pvt Ltd v. Bajirav Sahebrav More And ANR

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.136 OF 2024 Sany Heavy Industry India Pvt Ltd ...Applicant

Versus

Bajirav Sahebrav More & Anr

...Respondents

Mr Bijal Gogri, i/b GNP Legal, for the Applicant.

CORAM:

ARIF S. DOCTOR, J DATED:

10th October 2024 SHEPHALI SANJAY MORMARE PC:- SHEPHALI SANJAY MORMARE Date: 2024.10.14 18:20:10 +0530 1.

This Application is filed under Section 11 of the Arbitration and Conciliation Act 1996 arising out of General Terms to the Loan cum Hypothecation Agreement dated 15th January 2020 and subsequently amended Facility Agreement dated 30th September 2021. 2.

Ms Gogri, Learned Advocate appearing on behalf of the Applicant submitted that the Respondents have been served and he has filed an Affidavit of Service to that effect. Today, the Respondents though, served not appeared.

3.

Ms Gogri then invites my attention to the Notice of invocation dated 26th February 2024 by which Arbitration has been invoked. There is no response. Hence given that, I am satisfied that there is an Agreement between the parties which contains an arbitration clause. There is no dispute today that has been placed before me regarding the existence of the Agreement or Arbitrability of the dispute.

4.

Hence, I appoint Ms Ayushi Anandpara Parekh, 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: Ms Ayushi Anandpara Parekh, 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 Applicant within one week from the date this order is uploaded.

(ii) The Advocates for the Applicant will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses:

Arbitrator Ms Ayushi Anandpara Parekh, Advocate Address Chambers of Rohaan Cama, Islam Building, 1st Floor, Opp Akbarally, Fort, Mumbai 400 001 Mobile 9833144496 Email ayushi.anandpara@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 Applicant 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.

5.

The Arbitration Application is disposed of in these terms. No costs.

(ARIF S. DOCTOR, J)