Salil Shridhar Kunte vs Prathamesh Promod Gambhir on 19 June, 2019

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Bombay High Court

Salil Shridhar Kunte vs Prathamesh Promod Gambhir on 19 June, 2019

psv
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
ARBITRATION PETITION (ST.) NO.12669 OF 2019
Salil Shridhar Kunte ..Petitioner
Vs.
Prathamesh Promod Gambhir ..Respondent
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Mr.Ajinkya Udane i/b. Mr.A.D. Sarwate for Petitioner.
Mr.Tushar Sonawane for Respondent.
-----
CORAM : G.S. KULKARNI, J.
DATE : 19th JUNE, 2019
P.C.:
Heard learned Counsel for the parties.

2. This is a petition filed under Section 11 (5) of the Arbitration and
Conciliation Act, 1996 (for short, "the Act") whereby the petitioner has
prayed for appointment of an arbitral tribunal for adjudication of the
disputes which have arisen between the petitioner and the respondent
who are partners in a partnership firm which is in the name and style of
"G & K Precast Concrete Solutions". Deed of partnership is dated 26
August 2015. In clause 25, the parties have agreed that the disputes and
differences between the parties which would arise under the partnership
deed shall be referred for arbitration as per the provisions of arbitration
law. The record would indicate that the petitioner has made a claim
which was disputed by the respondent, although both the parties were
agreeable that the disputes be referred to an arbitral tribunal, they could
not reach a consensus in nominating an arbitrator. The present
proceedings are accordingly filed.

3. In the above circumstances and considering the fact that there is
no dispute in regard to the existence of an arbitration agreement and as

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both the parties are desirous of disputes being referred to an arbitral
tribunal, this petition is required to be allowed. The parties agree that
the seat of the arbitral tribunal shall be at Mumbai. Hence, the
following order:-
ORDER

(i) Ms.Aasifa Khanam Khan, Advocate of this Court, is appointed as a sole Arbitrator to arbitrate the disputes and differences between the parties under the Deed of Partnership dated 26 August 2015;

(ii) The learned sole prospective arbitrator, fifteen days 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 petition with a copy to be forwarded to both the parties;

(iii) At the first instance, the parties shall appear before the prospective arbitrator within 15 days from today on a date which may be mutually fixed by the prospective sole arbitrator;

(iv) All contentions of the parties on merits of the disputes are expressly kept open;

(v) The fees payable to the arbitral tribunal shall be in accordance with the Bombay High Court (Fee Payable to the Arbitrators) Rules, 2018;

(vi) The petition is disposed of in the above terms. No costs.

(vii) Office to forward a copy of this order to the learned Arbitrator on the following address:

"Yusuf Building, 3rd Floor, Office No.314, M.G. Road, Opp. Hutatma Chowk, Mumbai-400 023. Tel. No.22029823 Mobile- 9892175801"

[G.S. KULKARNI, J.] ::: Uploaded on - 21/06/2019 ::: Downloaded on - 21/06/2019 22:40:33 :::

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