Bombay High Court
Wellknown Polyesters Ltd vs Tarun Chugh on 24 June, 2024
2024:BHC-OS:9196
Digitally signed
by MULEY
SHUBHAM
MULEY PRAVINRAO
SHUBHAM Date: 1 61-ARBAP-190-2022.doc
PRAVINRAO 2024.06.26
09:56:57
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO. 190 OF 2022
Wellknown Polyesters Ltd. ...Applicant
Versus
Tarun Chugh ...Respondent
WITH
ARBITRATION APPLICATION (L) NO. 18145 OF 2023
WITH
ARBITRATION APPLICATION NO. 233 OF 2022
WITH
ARBITRATION APPLICATION NO. 3 OF 2023
-----------------
Adv. Trisha R. h/f Prerak Choudhary for the Applicant.
Adv. Bharat Raichandani a/w Prathamesh Gargate i/by UBR Legal for the
Respondent.
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CORAM : ARIF S. DOCTOR, J.
DATE : 24th JUNE, 2024 P.C.:-
1. When the matter was called, Learned Counsel point out that Arbitration Application No.190 of 2022 has already been disposed of by an order dated 10th May, 2024.
2. Insofar as Arbitration Application (L) No.18145 of 2023 is concerned, Learned Counsel for the Respondent submits that he does not oppose Shubham 1/4 ::: Uploaded on - 26/06/2024 ::: Downloaded on - 26/06/2024 12:13:38 :::
2 61-ARBAP-190-2022.doc the appointment of a Sole Arbitrator, however, clarifies that the same may be grant subject to all rights and contentions of the Respondent being kept open in Arbitration.
3. Learned Counsel for the Petitioner is agreeable to this. Hence, Mr. Nikhil Rajani is appointed to act as Sole Arbitrator in the following terms:
TERMS OF APPOINTMENT
(a) Appointment of Arbitrator: Mr. Nikhil Rajani, is hereby nominated to act as a Sole Arbitrator to decide the disputes and differences between the parties.
(b) Communication to Arbitrator of this order:
(i) A copy of this order will be communicated to the learned Sole Arbitrator by the Advocates for the Applicant within one week from the date this order is uploaded.
(ii) The Advocates for the Applicant will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses:
Arbitrator/s Mr. Nikhil Rajani
Address C/o. M/s. V. Deshpande and
Co. Advocates and Solicitors,
111, 1st Floor, Commerce
House, 140 Nagindas Master
Road, Fort, Mumbai 400 023.
Mobile 9819866058
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Email [email protected]
(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 Applicant 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) Section 16 application: The Respondent is at liberty to raise all questions of jurisdiction within the meaning of section 16 of the Arbitration Act. All contentions are left open.
(g) Interim Application/s:
(i) 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 Shubham 3/4 ::: Uploaded on - 26/06/2024 ::: Downloaded on - 26/06/2024 12:13:38 :::
4 61-ARBAP-190-2022.doc manner and within such time as the learned Sole Arbitrator deems fit.
(ii) The learned Sole Arbitrator is requested to dispose of all interim applications at the earliest.
(h) Fees: The arbitral tribunal's fees shall be governed by the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.
(i) 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.
(j) 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.
(k) Venue and seat of arbitration: Parties agree that the venue and seat of the arbitration will be in Mumbai.
4. The Arbitration Application (L) No. (L) No.18145 of 2023 is disposed of in these terms. No costs.
5. In respect of Arbitration Application No. 233 Of 2022 and Arbitration Application No. 3 Of 2023, Learned Counsel appearing on behalf of the Petitioner seeks time to file an affidavit of service upon the Respondent. At her request, stand over to 15th July, 2024.
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