Bombay High Court
Metrika Enterprises vs Vijay Associates (Wadhwa) And 10 Ors on 1 April, 2021
Author: G. S. Patel
Bench: G.S. Patel
42-ARBPL231-2020.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION (L) NO. 231 OF 2020
Metrika Enterprises ...Petitioner
Versus
Vijay Associates (Wadhwa) & Ors ...Respondents
Mr Gauraj Shah, with Ms Amit Vyas, Ms Rishika Rajadhyaksha and Ms Sneha Nanandkar, i/b Vertices Partners, for the Petitioner. Mr Viral Vora, with Mr Sanjay Gavkar, for Respondents Nos. 1 to 4 and 6 to 9.
CORAM: G.S. PATEL, J
DATED: 1st April 2021
PC:-
1. The Afdavit in Rejoinder is to be fled in the Registry
2. After some arguments, Mr Shah, learned Advocate for the Petitioner seeks leave to press the present Section 9 Petition as an Application under Section 17 of the Arbitration and Conciliation Act 1996 before the learned Sole Arbitrator Mr Shah states that the arbitration will be invoked in the course of the next week
3. At this stage, both sides agree that the Arbitrator may be appointed immediately under Clause 20 (page 54) This requires the reference to a Sole Arbitrator based in Mumbai Page 1 of 5 1st April 2021 ::: Uploaded on - 03/04/2021 ::: Downloaded on - 03/04/2021 20:50:41 ::: 42-ARBPL231-2020.DOC
4. The disputes and diferences between the parties arising under the Work Order dated 5th February 2011, a copy of which is at page 52, are referred to the sole arbitration of Ms Pooja Patil, learned Advocate of this Court TERMS OF APPOINTMENT
(a) Appointment of Arbitrator: Ms Pooja Patil, learned Advocate of this Court, is hereby nominated to act as a Sole Arbitrator to decide the disputes and diferences between the parties under Work Order dated 5th February 2011
(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 Petitioner within one week from the date this order is uploaded
(ii) The Advocates for the Petitioner will forward an ordinary copy of this order to the learned Sole Arbitrator at the following postal and email addresses:
Arbitrator Ms Pooja Patil, Advocate.
Address 102, Oval House, British Hotel
Lane, Fort,
Mumbai 400 023
Mobile 9821289160
Email patil49pooja@gmail com
(c) Disclosure: The learned Sole Arbitrator is requested to
forward, in hard copy or soft copy (or both), the Page 2 of 5 1st April 2021 ::: Uploaded on - 03/04/2021 ::: Downloaded on - 03/04/2021 20:50:41 ::: 42-ARBPL231-2020.DOC 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 Petitioners will arrange to fle 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 fled 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 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 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 Page 3 of 5 1st April 2021 ::: Uploaded on - 03/04/2021 ::: Downloaded on - 03/04/2021 20:50:41 ::: 42-ARBPL231-2020.DOC Sole Arbitrator Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems ft
(ii) The present Petition under Section 9 of the Arbitration Act will be treated, heard, and disposed of as an application under Section 17 of the Act All afdavits fled in the Section 9 petition will be treated as afdavits fled in the Section 17 application Liberty to apply to the learned Sole Arbitrator for leave to fle further afdavits
(iii) 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 frst 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 fnd it necessary
(k) Venue and seat of arbitration: Parties agree that the venue and seat of the arbitration will be in Mumbai Page 4 of 5 1st April 2021 ::: Uploaded on - 03/04/2021 ::: Downloaded on - 03/04/2021 20:50:41 ::: 42-ARBPL231-2020.DOC
(l) Procedure: These directions are not in derogation of the powers of the learned Sole Arbitrator to decide and frame all matters of procedure in arbitration
5. The Petition is disposed of in these terms No costs
6. All contentions are left open including as to limitation
7. All concerned will act on production of an ordinary copy of this order (G. S. PATEL, J) Page 5 of 5 1st April 2021 ::: Uploaded on - 03/04/2021 ::: Downloaded on - 03/04/2021 20:50:41 :::