Aditya Birla Finance Limited v. J K Dyes And Chem

by JYOTI PRAKASH PAWAR Date: 2024.12.17 10:22:50 +0530 JYOTI PRAKASH PAWAR Jyoti Pawar 926. CARAP 235.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMM. ARBITRATION APPLICATION NO. 235 OF 2024 Aditya Birla Finance Ltd.

... Applicant V/s.

J.K. Dyes & Chem & Ors.

... Respondents _______________________________________ Mr. Vishal Maheshwari with Mihir Beradia i/b. VM Legal for Applicant Mr. Rakesh K. Agrawal for Respondent Nos. 1 to 3 _______________________________________ CORAM : FIRDOSH P. POONIWALLA, J.

DATE : 14 December 2024.

P.C. :

1.

This Application has been filed under the provisions of Section 11 of the Arbitration and Conciliation Act, 1996 (the Act) for appointment of an Arbitrator to arbitrate upon the disputes and differences arising between the parties under the Loan Agreements dated 5 November 2019 and 17 July 2020.

2.

In this Application, by an order dated 2 December 2024 passed by this Court, the Court recorded that it proposed to nominate Ms. Mahek Bookwala, a practising Advocate of this Court as the sole Arbitrator and requested the Arbitrator to file a disclosure by 9 December 2024. 3.

The proposed Arbitrator Ms. Mahek Bookwala has made the disclosure dated 6 December 2024 as required under the provisions of the Act.

4.

The Respondents have no objection to Ms. Mahek Bookwala being appointed as an Arbitrator.

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Jyoti Pawar 926. CARAP 235.24.doc 5.

In these circumstances, the following order is passed:- (a) Ms. Mahek Bookwala, an Advocate practising in this Court, is appointed to arbitrate upon the disputes and differences arising between the parties under the Loan Agreements dated 5 November 2019 and 17 July 2020. The contact details of Ms. Mahek Bookwala, who is appointed as an Arbitrator, are as under :- Ms. Mahek Bookwala Mobile No. 9820078034 Email Id : mahek_bookwala@hotmail.com Office Address : 32/34, Churchgate House, 2nd Floor, Veer Nariman Road, Fort, Mumbai - 400 001.

(b) The Advocates for the Applicant shall intimate the Arbitrator about her 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 her appointment within a period of one week from the date of uploading of this order.

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

6.

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

( FIRDOSH P. POONIWALLA, J. ) 2/2