Ashok Satramdas Bhagia v. Ramesh Satramdas Bhagia

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 344 OF 2024 AND ARBITRATION APPLICATION NO. 201 OF 2024 Ashok Satramdas Bhagia

...Petitioner

Versus

Ramesh Satramdas Bhagia & Anr

...Respondents

Mr Sahil Mahajan, for the Petitioner.

Mr Raghav Gupta, with Treesa Benny, i/b Wadia Ghandy & Co, for the Respondents.

CORAM:

ARIF S. DOCTOR, J SHEPHALI SANJAY MORMARE DATED:

7th October 2024 SHEPHALI SANJAY MORMARE Date: 2024.10.09 17:20:47 +0530 PC:- 1.

This present Arbitration Application is filed under Section 11 of the Arbitration and Conciliation Act 1996 for appointment of an Arbitrator.

2.

Today, Mr Gupta, Learned Counsel appearing for the Respondents submits that his clients are ready and willing to refer their disputes and differences to arbitration.

3.

Having heard the Learned Counsel and the fact that there is no opposition, by consent, I appoint Mr Aditya Thakkar, 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 Aditya Thakkar, 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 Mr Aditya Thakkar, Advocate Address 3rd Floor, East West Bldg, Mumbai Samachar Marg, Opposite Stock Exchange, Fort, Mumbai 400 023 Mobile 98215 34225 Email aat273@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 Petitioners 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) Section 16 application: The respondent is at liberty to raise all questions of jurisdiction within the meaning of section 16 of the Arbitration Act. All contentions are left open. (g) 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 present Petition under Section 9 of the Arbitration Act will be treated, heard, and disposed of as an application under Section 17 of the Act. All affidavits filed in the Section 9 petition will be treated as affidavits filed in the Section 17 application. Liberty to apply to the learned Sole Arbitrator for leave to file further affidavits.

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

(h) 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.

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. (j) 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.

(k) Venue and seat of arbitration: Parties agree that the venue and seat of the arbitration will be in Mumbai. 4.

The Petition and the Application are both disposed of in these terms. No costs.

5.

All rights and contentions of both parties, including as to the jurisdiction are expressly kept open.

(ARIF S. DOCTOR, J)