Supreme Court - Daily Orders
Perin Hoshang Davierwalla vs Kobad Dorabji Davierwalla on 12 February, 2018
Bench: S.A. Bobde, L. Nageswara Rao
1
ITEM NO.53 COURT NO.7 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No.3242/2014
(Arising out of impugned final judgment and order dated 04-09-2013
in AA No.178/2013 passed by the High Court Of Judicature At Bombay)
PERIN HOSHANG DAVIERWALLA & ANR. Petitioner(s)
VERSUS
KOBAD DORABJI DAVIERWALLA & ORS. Respondent(s)
Date : 12-02-2018 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE
HON'BLE MR. JUSTICE L. NAGESWARA RAO
For Petitioner(s) Mr. Shyam Divan, Sr. Adv.
Mr. C. Rashmikant, Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Vishesh Malviya, Adv.
Ms. Sadapurna Mukharjee, Adv.
Mr. Rishabh Parikh, Adv.
Mr. E. C. Agrawala, AOR
For Respondent(s) Mr. Shiv Kumar Suri, AOR
Mr. Shikhil Suri, Adv.
Mr. Saswat Pattnaik, Adv.
Mr. Sanjoy Ghose, Adv.
Mr. Kaustubh Anshuraj, AOR
UPON hearing the counsel the Court made the following
O R D E R
We have heard learned counsel appearing for the parties. As jointly agreed by the parties, we appoint Hon'ble Mr. Justice C.K. Thakkar, former Judge of this Court, as a sole Signature Not Verified Arbitrator to resolve all the disputes between the parties. Digitally signed by SANJAY KUMAR Date: 2018.02.17 11:55:41 IST Reason:
Parties are directed to approach the learned Arbitrator for fixing the date and place of the arbitral proceedings. Fee shall be 2 decided by the learned Arbitrator and borne equally by all the parties.
Learned counsel appearing for Respondent No.1 submits that there is sufficient amount lying in the partnership account from which the fees of the learned Arbitrator and the learned counsel may be paid.
We are not in a position to take a decision on the aforesaid arrangement of payment of fees. However, the parties are at liberty to make appropriate application to the learned Arbitrator who shall decide the amount that may be released from the partnership account for the above purpose.
With the aforesaid directions, the special leave petition stands disposed of.
As a sequel to the above, pending interlocutory applications, if any, stand disposed of.
(SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASST.REGISTRAR