Resolve Salvage And Fire India Pvt Ltd v. Ntc Logistics India Pvt Ltd

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO.657 OF 2025 Resolve Salvage & Fire (India) Pvt. Ltd.

....Applicant V/S NTC Logistics India Pvt. Ltd.

....Respondent _________ Mr. Kalpesh Joshi with Ms. Nisha Shah and Ms. Tithi Upadhyay i/b M/s. Kalpesh Joshi Associates for the Applicant. __________ CORAM : SANDEEP V. MARNE, J.

DATE : 04 MARCH 2026.

P.C.:

1.

This is an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for appointment of an Arbitrator for adjudication of disputes and differences between the parties arising out of Standard Barge Chartered Party Contract executed between the parties on 24 July 2021.

2.

I have heard Mr. Joshi, the learned counsel appearing for the Applicant. Despite being served with Court notice, none has appeared on behalf of the Respondent. Perusal of the relevant contract would indicate presence of arbitration clause No.34. As per the clause, the seat of arbitration is at Mumbai. In view of existence of arbitration agreement between the parties, it would be just and proper to constitute Arbitral Tribunal comprising of a sole Arbitrator.

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Accordingly, I proceed to pass the following order: A) Ms. Dhruti M. Kapadia, an Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of the Standard Barge Chartered Party Contract referred to above. The contact details of the learned sole Arbitrator are as under:

Office Address:- 513, Prospect Chambers, D.N. Road, Opposite Petit Library, Fort, Mumbai - 400 001.

Mobile No.:

97570 95290 Email ID:

kapadiadhruti@gmail.com B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Applicant within a period of one week from the date of uploading of this order. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal alongwith 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 Arbitration 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 by her, to obtain appropriate direction with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc.

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k 3/3 E) The sole Arbitrator shall be entitled to the fees prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal. 4.

All contentions on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed as above. 5.

With the above directions, Commercial Arbitration Application is allowed and disposed of. There shall be no order as to costs. (SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2026.03.05 18:48:03 +0530 SUDARSHAN RAJALINGAM KATKAM 3 of