Bombay High Court
Monesh S/O Vasant Mane vs Nitin S/O Devidas Kirpane on 8 June, 2022
Author: Manish Pitale
Bench: Manish Pitale
15-MCA319.17.odt
1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
MISC. CIVIL APPLN. (ARBN.) NO. 319 OF 2017
Monesh Vasant Mane
-Vs.-
Nitin Devidas Kirpane
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.M.R.Joharapurkar, counsel for the petitioner.
Mr.Shishi Bhushan Wahane, counsel for the respondent.
CORAM : MANISH PITALE, J.
DATE : 08.06.2022 By this application, filed under section 11 of the Arbitration and Conciliation Act, 1996, prayer is made for appointment of Arbitrator in the light of an arbitration clause in a reconstituted partnership deed executed between the parties. Clause 18 of the said partnership deed provides for arbitration before a single Arbitrator to resolve disputes and differences between the parties.
2. On an earlier occasion, this Court had passed an order proposing to appoint Shri Justice C.L.Pangarkar (Retired) as an Arbitrator, requesting the Registry to issue letter to the said proposed Arbitrator for seeking his consent. The Registry reported that Shri Justice C.L. Pangarkar (Retired) has expressed his inability to take up the assignment.
3. As a consequence, when the present application is called out for hearing, learned counsel for the parties, on instructions, make a joint request for appointing KHUNTE 15-MCA319.17.odt 2/2 Shri A.J. Rohi, Retired District Judge as the sole Arbitrator. This Court is informed that Mr.A.J.Rohi, Retired District Judge has communicated his oral consent to the parties for taking up the said assignment.
4. In view of the above, the application is allowed. Mr. A.J.Rohi, Retired District Judge is appointed as the sole Arbitrator in terms of the arbitration clause in the said partnership deed. The parties are directed to appear before the learned Arbitrator on 20/06/2022.
5. The proceedings shall be undertaken in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
6. The application is disposed of accordingly.
JUDGE Signed By:GHANSHYAM S KHUNTE Signing Date:10.06.2022 16:25 KHUNTE