Hk Impex Pvt. Ltd. v. Sbi General Insurance Company Ltd.

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO. 188 OF 2024 HK Impex Pvt Ltd ...Applicant

Versus

SBI General Insurance Company Ltd

...Respondent

Mr Zal Andhyarujina, Senior Advocate, with Akansha Agarwal, Parth Jasani & Unnati Gala, i/b Purnanand & Co, for the Applicant. Mr Bomi Patel, with Chandree Mitra & Misbah Merchant, i/b YNSS Law SHEPHALI SANJAY MORMARE Offices, for the Respondent.

SHEPHALI SANJAY MORMARE Date: 2024.10.11 17:36:05 +0530

CORAM:

ARIF S. DOCTOR, J DATED:

10th October 2024 PC:- 1.

Mentioned out of turn.

2.

The present Commercial Arbitration Application is filed under Section 11 of the Arbitration and Conciliation Act 1996 and arises out of a Standard Fire & Special Perils Insurance Policy. 3.

Today, Learned Counsel for the parties by consent agreed that the disputes and differences arising out of the Insurance Policies, more particularly described in the Application can be referred to arbitration.

4.

Hence, by consent of the parties, I appoint Mr Nirman Sharma, 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 Nirman Sharma, 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 Nirman Sharma, Advocate Address Office No. 9, Ground Floor, Commerce House, Off.

Nagindas Master Road, Fort, Mumbai 400 001 Mobile 9819932498 Email nirman.sharma@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: 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.

(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. 5.

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

(ARIF S. DOCTOR, J)