Mds Digital Media Private Limited v. Advertlabs Technology Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 144 OF 2024 MDS Digital Media Pvt. Ltd., ..

Applicant.

v/s.

Advertlabs Technology Pvt. Ltd., ..

Respondent.

Adv. Daneel Pancras i/b. Jain Law Partners LLP, for the Applicant. Adv. Haris A. Khan i/b. Adv. Ajinkya Kurdukar, for the Respondent. Digitally signed by SMITA RAJNIKANT JOSHI Date:

2024.12.19 14:25:39 +0530 SMITA RAJNIKANT JOSHI CORAM: FIRDOSH P. POONIWALLA, J.

DATE : 14th DECEMBER, 2024.

P.C:- This Application has been filed under the provisions of Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act"), seeking appointment of an Arbitrator to arbitrate upon disputes and differences arising between the parties under the Service Agreement dated 5th April, 2022 entered into between the parties. Clause 61.5 of the said Agreement contains the Arbitration Clause.

The learned Counsel for the Respondent does not dispute that the matter has to be referred to Arbitration but the parties are unable to agree on the name of the Arbitrator and, therefore, have requested this Court to appoint the Arbitrator.

In these circumstances, the following orders are passed:- (a) Mr. Akash Rebello, an Advocate practising in this Court, is appointed as the Arbitrator to arbitrate upon the disputes and differences arising between the parties under the said Service Agreement dated 5th April, 2022. The contact details of Mr. Akash Rebello, who is appointed as an Arbitrator, are as under:- Name :- Mr. Akash Rebello, Advocate Mobile No. :- 99300 58606 Email :- akashrebello@11exp.com Address :- 11A, Examiner Press Building, 36 Dalal Street, Kala Ghoda Mumbai 400 001.

(b) The Advocate for the Applicant shall intimate the Arbitrator about his appointment within a period of one week from the date of uploading of this order;

(c) In addition, the Office of the Prothonotary and Senior Master of this Court shall also intimate the Arbitrator about his appointment within a period of one week from the date of uploading of this order.

(d) The Arbitrator so appointed to make the disclosure as required under the provisions of the Act within a period of one week from the date of intimation of his appointment;

(e) The Arbitrator shall charge fees as per the Rules framed by this Court in that regard.

The Arbitration Application is disposed of in the aforesaid terms. There will be no order as to costs.

(FIRDOSH P. POONIWALLA ,J.)