Tata International Limited v. Narayani Resourced Private Limited

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION NO. 144 OF 2024 Tata International Ltd

...Petitioner

Versus

Narayani Resourced Pvt Ltd

...Respondent

Mr Zarir Bharucha, with Rishi Thaur & Dhwani Gala, i/b ZBA for the Petitioner.

Mr Ram Jay Narayan, i/b Ashwin Shanker, for the Respondent. SHEPHALI SANJAY MORMARE

CORAM:

ARIF S. DOCTOR, J SHEPHALI SANJAY MORMARE Date: 2024.08.01 09:43:07 +0530 DATED:

31st July 2024 PC:- 1.

Parties have today tendered Minutes of Order, by which they agreed to submit their disputes and differences to arbitration. 2.

Learned Counsel for the parties, on instructions from their respective clients, agreed to the appointment of the Sole Arbitrator and suggested the name of Mr Karl Tamboly, Advocate to be appointed as the Sole Arbitrator to decide the disputes and differences between the

parties under the Stock and Sale Agreement dated 18th February 2022. Hence, I appoint Mr Karl Tamboly 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 Karl Tamboly, Advocate, is hereby nominated to act as a Sole Arbitrator to decide the disputes and differences between the parties under the Stock and Sale Agreement dated 18th February 2022. (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 Petitioner within one week from the date this order is uploaded.

(ii) The Advocates for the Petitioner will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses:

Arbitrator Mr Karl Tamboly, Advocate Address 201-202, Savla Chambers, 40 Ccawasji Patel Street, Fort, Mumbai 400 001 Mobile 9820582815

Email karltamboly@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) 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.

(g) Fees: Since this is an order 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. 3.

The Commercial Arbitration Petition is disposed of. No costs. (ARIF S. DOCTOR, J)