Ed And F Man Commodities India Pvt Ltd v. Shree Satpuda Tapi Pariskar Ssk Limited

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2024.10.05 13:36:08 +0530 MUGDHA MANOJ PARANJAPE 1 38-CARAP 94-24 @ CARBP 16-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO.94 OF 2024 Ed And F Man Commodities India Pvt. Ltd.

... Applicant V/s.

Shree Satpuda Tapi Pariskar Ssk Limited ... Respondent WITH COMMERCIAL ARBITRATION PETITION NO.16 OF 2023 ----- Mr. Yatin Shah for the Applicant.

Mr. Ahmed Padela i/by The Law Point for the Respondent. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

3RD OCTOBER 2024 P.C. :

1.

Mr. Padela, Learned Counsel appears today on behalf of the Respondent and submits that his client does not oppose the appointment of an Arbitrator.

2.

Hence, this Court appoints Mr. Malcolm P. Siganporia, Advocate to act as a Sole Arbitrator in the disputes and differences between the parties on the following terms :-

2 38-CARAP 94-24 @ CARBP 16-23.doc TERMS OF APPOINTMENT (a) Appointment of Arbitrator: Mr. Malcolm P. Siganporia, 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. Malcolm P. Siganporia, Advocate Address th Floor, Aban House, Sai Baba Marg, Kala Ghoda, Mumbai 400 001.

Mobile 9819814441 Email malcolm.siganporia@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

3 38-CARAP 94-24 @ CARBP 16-23.doc 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) 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

4 38-CARAP 94-24 @ CARBP 16-23.doc 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.

(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 Mumbai.

2.

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

3.

The interim orders passed earlier to continue till the disposal of Section 17 Application.

(ARIF S. DOCTOR, J.)