Bombay High Court
Vandac Ventures Llp vs Stup Consultants Private Limited Cin ... on 21 January, 2022
Author: G.S.Kulkarni
Bench: G.S.Kulkarni
Digitally signed
by VIDYA
VIDYA SURESH AMIN
SURESH Date:
2022.01.21
AMIN 17:57:23
+0530
23.CARBP(L)27641_2021.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION (L) NO. 27641 OF 2021
Vandac Ventures LLP ... Petitioner
V/s.
Stup Consultants Private Ltd. ... Respondent
Mr. Haresh Jagtiani, Senior Advocate a/w. Mrs. Vandana Mehta
Kumawat, Mr. Suprabh Jain and Ms. Bhumika Chulani i/b. Vandana
Kumawat and Suprabh Jain for the petitioner.
Mr. Ravi Kadam, Senior Counsel and Mr. Malhar Zatakia a/w. Mr.
Faranaaz Karbhari and Mr. Rahul Jain, Ms. Khushboo Rupani and
Mahafrin Mehta i/b. HSA Advocates for the respondent.
CORAM : G.S.KULKARNI, J.
DATE : 21 January, 2022
P.C.:
1. This petition is filed under section 9 of the Arbitration and
Conciliation Act, 1996 (for short "the Act") whereby the petitioner has
prayed for interim measures pending the arbitral proceedings.
2. The disputes between the parties have arisen under the Service
Agreement dated 30 June, 2021. This petition was heard for
sometime. In the facts of the case, it is thought appropriate that the
parties be referred to arbitration. Learned senior counsel for the
parties have stated that although the arbitration agreement between
the parties as contained in Clause 10.2 of the said agreement, provide
that the disputes be referred to arbitration administered by the
Singapore International Arbitration Centre, however, it is agreed that a
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23.CARBP(L)27641_2021.doc
sole arbitrator can be appointed by this Court. The parties agree that
the disputes be referred for arbitration to a former Judge of this Court.
3. Mr. Jagtiani, learned senior counsel for the petitioner, on
instructions, would urge that this petition can be treated as an
application under section 17 of the Act, which can be urgently moved
before the arbitral tribunal, in regard to urgent reliefs being asserted by
the petitioner. Mr. Kadam, learned senior counsel for the respondent
would not have any objection for such course of action.
4. In view of the consensus between the parties, further
adjudication on this petition is not called for. It is accordingly disposed
of by the following order:
ORDER
(i) Mr. Justice S.C. Dharmadhikari, Former Judge of this Court is appointed as a sole arbitrator to adjudicate the disputes between the parties which have arisen under the Service Agreement dated 30 June, 2021.
(ii) The learned prospective sole arbitrator, before entering the arbitration reference, shall forward a statement of disclosure as per the requirement of Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act,1996, to the Prothonotary & Senior Master of this Court, to be placed on record of this application with a copy to be furnished to both the parties;
(iii) This petition filed under section 9 of the Act is permitted to be moved as an application under section 17 of the Act for 2/3
23.CARBP(L)27641_2021.doc adjudication before the arbitral tribunal.
(iv) In view of the urgency as urged on behalf of the petitioner, the petitioner is permitted to move the arbitral tribunal at the earliest. If such an application is made, the learned sole arbitrator shall consider the Section 17 Application urgently and make an endeavour to pass appropriate orders after hearing the parties.
(v) Let the parties appear before the arbitral tribunal within a period of 4 days from today on a date and time which may be mutually fixed by the learned sole arbitrator;
(vi) The petitioner is permitted to place on record an additional affidavit on any subsequent development setting out the urgency.
(vii) Needless to observe that the respondent would also have liberty to file a further reply affidavit, if they so desire.
(viii) All contentions of the parties are expressly kept open;
(ix) The petition is disposed of in the above terms. No costs.
(x) Office to forward a copy of this order to the learned Arbitrator on the following address:
Flat No. 8/A, 8th floor, Samata, Opp. Sarang, Near Y.B. Chavan Centre, Genral Jagannath Bhosale Marg, Mumbai - 400 021 Tel. No. :(022) 22044716/22875628 Mob. No. 9820058867 Email : [email protected] (G.S.KULKARNI, J.) 3/3