Associated Power Structures Pvt Ltd v. Sun Pharma Laboratories Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.02.01 20:10:17 +0530 COMM. ARBITRATION APPLICATION NO. 62 OF 2025 SHRADDHA KAMLESH TALEKAR Associated Power Structures Pvt. Ltd.

...Applicant

Versus

Sun Pharma Laboratories

...Respondent

Mr. Anshul Shah i/b Ms. Nazaqat Lal, for Applicant. Mr. Aditya Udeshi a/w. Rahul Sanghvi i/b Sanjay Udeshi & Co., for Respondent.

CORAM : SOMASEKHAR SUNDARESAN, J.

Date : January 24, 2025 P. C.

1.

This is an Application under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act"). This matter has been auto-listed under the Standard Operating Procedure.

2.

Today, when the matter is called out, Learned Counsel for the Respondent fairly states that owing to the existence of the arbitration agreement not being in dispute, he consents to proceed to arbitration, leaving all contentions on merits, open.

3.

In these circumstances, this Application is finally disposed of in the following terms :

a. Ms. Ishani K, Learned Advocate of this Court, is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to above. The contact are set out below :

Office Address : 302, Mistry Mansion, 3rd Floor, MG Road, Fort, Mumbai 400 001.

Email id : khanwilkar.ishani@gmail.com b. A copy of this Order shall be communicated to the Learned Sole Arbitrator by the Advocates for the Applicant within a period of one week from today. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order;

c. The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the parties within a period of two weeks from receipt of a copy of this Order;

d. The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. At such meeting, the parties shall provide a valid and

functional email address along with mobile and landline numbers of the respective Advocates of the parties to the Arbitral Tribunal. Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration; e. All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be subject to any final Award that may be passed by the Tribunal in relation to costs. 4.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.]