Bombay High Court
Parle Agro Pvt. Ltd vs Ben And Gaws Pvt. Ltd on 19 November, 2019
Author: G. S. Patel
Bench: G.S. Patel
13-CARAP377-19.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMM ARBITRATION APPLICATION NO. 377 OF 2019
Parle Agro Pvt Ltd ...Applicant
Versus
Ben and Gaws Pvt Ltd ...Respondent
Mr Cyrus Ardeshir, with Radhika Gupta & Taha Mirza, i/b Khaitan
& Co., for the Applicant.
Ms Monika Tanna, with Isha Bafna, & Mrudula Wadekar, i/b
Singhania Legal Services, for the Respondent.
CORAM: G.S. PATEL, J.
DATED: 19th November 2019
PC:-
1. By an order dated 7th October 2019, this Court appointed Mr
MS Doctor, learned Senior Advocate of this Court as a sole
arbitrator to decide the disputes between the parties arising out of
purchase order dated 22nd November 2018. Mr Doctor is unable to
take up the assignment. He has expressed his inability to do so. It is
not necessary to set out the reasons that he gives. These must be
accepted. The parties have agreed on the name of Mr Gaurav Joshi,
learned Senior Advocate of this Court to be substituted in the name
of Mr MS Doctor as a sole arbitrator.
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13-CARAP377-19.DOC
2. Hence the following
ORDER
(a) Appointment of Arbitrator: By consent, Mr Gaurav Joshi, learned Senior Advocate of this Court, is hereby nominated to act as a Sole Arbitrator.
(b) Communication to Arbitrator of this order:
(i) A copy of this order will be communicated to him by the Advocates for the Applicant within one week from today of the order being uploaded.
(ii) In addition, within one week of this order being uploaded, the Registry will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses:
Arbitrator/s Mr Gaurav R Joshi, Senior Advocate Address 3rd foor, Fort Chambers, 'B' Wing, Hamam Street, Fort, Mumbai 400 032 Mobile +91 98210 97308 Email [email protected]
(c) Disclosure: The learned Sole Arbitrator is requested to forward his statement of disclosure under Section 11(8) Page 2 of 4 19th November 2019 ::: Uploaded on - 20/11/2019 ::: Downloaded on - 21/11/2019 00:20:09 ::: 13-CARAP377-19.DOC read with Section 12(1) of the Arbitration Act to the Prothonotary and Senior Master of this Court, referencing this arbitration application, as soon as possible, and in any case sufciently in advance of his entering upon the reference to his arbitration. That statement will be retained on the fle of this application.
Copies will be given to both sides.
(d) Appearance before the Arbitrator: Parties will appear before the learned Sole Arbitrator on such date and at such place as he nominates to obtain appropriate directions in regard to fxing 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 within one week of this order being uploaded. The information is to include a valid and functional email id.
(f ) Interim Application/s: Liberty to the parties to make an interim application or interim applications under Section 17 of the Arbitration & Conciliation Act, 1996 before the learned Sole Arbitrator. Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems ft.
(g) Fees: The arbitral tribunal's fees shall be governed by the Bombay High Court (Fees Payable to Arbitrators) Rules, 2018.Page 3 of 4
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(h) 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.
(i) 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 fnd it necessary.
(j) Venue and seat of arbitration: Parties agree that the venue and seat of the arbitration will be in Mumbai.
2. The Commercial Arbitration Application is disposed of accordingly. There will be no order as to costs.
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