Bombay High Court
Gazebo Developers Pvt. Ltd vs Morris Benny Kenny on 28 January, 2019
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
-Ladda
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION No. 138 of 2018
Gazebo Developers Private Limited .. ..Petitioner.
Vs
Morris Benny Kenny ..Respondent.
Mr. Bhavin Gada a/with Mr. Jay Vakil i/by Mahesh Thaker for
the Petitioner.
Mr. Sudhan Amare, Advocate for Respondent.
CORAM : B. P. COLABAWALLA, J.
DATED :- 28th JANUARY, 2019.
P.C. :
1. This petition has been filed under Section 15 of the Arbitration and Conciliation Act, 1996 seeking to substitute the Arbitrator appointed in view of the fact that the current Arbitrator is unable to continue with the arbitration proceedings due to health reasons.
2. The earlier Arbitrator appointed was one Mr. Meghraj Khatanhar pursuant to the agreement dated 10th August, 2007 and more particularly Clause 33 thereof. Thereafter, the earlier 1/3 kb-7-arbp-138-18.doc ::: Uploaded on - 28/01/2019 ::: Downloaded on - 30/01/2019 00:55:49 ::: Arbitrator had given certain directions with reference to filing of statement of claims etc. It is thereafter that on 28th October, 2017 he has informed the parties that he is unable to proceed with the arbitration due to health reasons. It is in these circumstances, that the present petition has been filed to appoint a new Arbitrator in place of the Arbitrator appointed earlier.
3. The learned Advocate appearing on behalf of the respondent on taking instructions has submitted that the respondent has no objection if a new arbitrator is appointed in place of the earlier arbitrator.
4. Both parties before me have agreed that the new arbitrator to be appointed would be Mr Vishal Kanade, an Advocate of this Court. In these circumstances, Mr. Vishal Kanade is appointed as the sole arbitrator to adjudicate upon the disputes and differences between the petitioner and the respondent and which are the subject matter of the pending arbitration proceedings. All further directions with reference to the arbitration proceedings including the fees of the Arbitrator shall be given by the newly appointed arbitrator. 2/3
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5. It is agreed before me that the fees of the Arbitrator shall be borne by the petitioner and the respondent equally.
6. Considering that the new Arbitrator has been appointed today, it is further agreed that the time to complete the arbitration proceedings and pass a final award is extended by a period of one year from today.
7. In order to enable the petitioner to file the disclosure statement of the newly appointed arbitrator as contemplated under Section 11 (8) read with Section 12 (2) of the Act, the matter is stood over to 4th February, 2019 under the caption "for compliance".
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