Bombay High Court
Tarun Kapoor And Pawan Kapoor vs Volkswagen Finance (P) Limited on 30 January, 2020
Author: G. S. Patel
Bench: G.S. Patel
927-CARBP-1497-19.DOC
Ashwini
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMM ARBITRATION PETITION NO. 1497 OF 2019
Tarun Kapoor & Pawan Kapoor ...Petitioners
Versus
Volkswagen Finance (P) Limited ...Respondent
Mr Madhur Rai, with Ms Jyoti S Ghorpade, for the Petitioner.
Mr Padmakar Garad, i/b SG Legal & Associates, for the Respondent.
CORAM: G.S. PATEL, J.
DATED: 30th January 2020 PC:-
1. The Application is under Section 14 of the Arbitration and Conciliation Act 1996 for termination of the mandate of one DK Sonawane. Mr Garad, the learned Advocate for the Respondent seeks an adjournment. I have refused it. There is absolutely no reason for the adjournment, and it is not for the Respondent to justify the conduct of the arbitrator. This is more so since the Respondent is a fnance company related to an international or multinational car manufacturer. Besides, the matter was before me earlier on 20th January 2020. I see no reason why the Respondent has not instructed its Advocate in the time since. Then I am told Page 1 of 20 30th January 2020 ::: Uploaded on - 31/01/2020 ::: Downloaded on - 01/02/2020 00:37:46 ::: 927-CARBP-1497-19.DOC that an ofcer from the Respondent is not present. Why he is not present is also unexplained. I do not need instructions from the Respondent nor the presence of the Respondent's ofcers to make orders. Now I am told that the Advocate has not since 20th January 2020 to 30th January 2020 in these last 10 days found time to go through this petition of 120-odd pages. None of these are grounds for an adjournment.
2. The conspectus is narrow. Between the parties, there was a Facility Agreement dated 23rd March 2012. That Agreement was between the Respondent and one Sterling Vehicles and General Sales Private Limited. The Respondent sanctioned loans or gave credit under that agreement. The two applicants today were personal guarantors for the repayment of that loan. On 17th April 2017 the Respondent, through its lawyer, gave a notice to the borrower and the present applicants demanding payment of an amount then said to be due. As of 12th April 2019, that amount was Rs. 26,00,50,134.92.
3. By its letter dated 12th April 2019 to DK Sonawane, retired Additional CMM, Mumbai, the Respondent mentioned these facts and unilaterally nominated him as an Arbitrator. A copy of this notice was sent to the two applicants.
4. Obviously, the arbitrator was required to furnish a Statement of Disclosure as required by Section 12 of the Arbitration Act. A copy of that disclosure is at page 37. It is under Section 12(1)(b) and it is dated 3rd June 2019. It says that the Arbitrator had 12 ongoing Page 2 of 20 30th January 2020 ::: Uploaded on - 31/01/2020 ::: Downloaded on - 01/02/2020 00:37:46 ::: 927-CARBP-1497-19.DOC arbitrations involving the present Respondent. Then in the next column again the requirement "circumstances disclosing any past or present relationship", the response was as follows: .
THE SIXTH SCHEDULE
[See Section 12 (1) (b)]
Name: Dr D.K. Sonawane
Contact Details: 022-2577036
PRIOR EXPERIENCE More than 34 years experience
(INCLUDING EXPERIENCE consists of:
WITH ARBITRATIONS): i) Practicing Advocate from
1983-90
ii) Part time professor of Law
College in Mumbai from 1984-90
iii) Worked as a Judge in various
capacities for more than 20
years
iv) Law Professor for LLM
students in Mumbai University.
NUMBER OF ON-GOING 12
ARBITRATIONS:
CIRCUMSTANCES I have no relationship with any
DISCLOSING ANY PAST OR of the parties nor have any
PRESENT RELATIONSHIP interest in the subject matter in
WITH OR INTEREST IN ANY OF dispute whether financial,
THE PARTIES OR IN RELATION business, professional or other
TO THE SUBJECT MATTER IN kind. Please note that the
DISPUTE, WHETHER arbitrator has no relationship
FINANCIAL, BUSINESS, with the parties or the counsel
PROFESSIONAL OR OTHER or the dispute between the
KIND, WHICH IS LIKELY TO parties, directly or indirectly. It is
GIVE RISE TO JUSTIFIABLE further clarified that any other
DOUBTS AS TO YOUR grounds mentioned in Fifth
INDEPENDENCE OR Schedule or Seventh Schedule
IMPARTIALITY (LIST OUT): to the said Act are not
applicable to me.
5. The next column was met with the response, nil.
CIRCUMSTANCES WHICH ARE Nil LIKELY TO AFFECT YOUR Page 3 of 20 30th January 2020 ::: Uploaded on - 31/01/2020 ::: Downloaded on - 01/02/2020 00:37:46 ::: 927-CARBP-1497-19.DOC ABILITY TO DEVOTE SUFFICIENT TIME TO THE ARBITRATION AND IN PARTICULAR YOUR ABILITY TO FINISH THE ENTIRE ARBITRATION WITHIN TWENTY-FOUR MONTHS AND RENDER AN AWARD WITHIN THREE MONTHS (LIST OUT).
6. Then comes a peculiar document of 11th October 2019. There is frst a two-page disquisition by the arbitrator on his understanding or fundamental requirements of arbitration law. This was unnecessary and quite uncalled for. Then from page 80 to page 82 is a second Disclosure. The relevant portion of this read thus:
"THE SIXTH SCHEDULE (See Section 12(1)(b)) Name: Dr D.K. Sonawane Contact Details: 022-25777036 PRIOR EXPERIENCE More than 34 years experience (INCLUDING EXPERIENCE consists of:
WITH ARBITRATIONS): i) Practicing Advocate from 1983-90
ii) Part time professor of Law College in Mumbai from 1984-90
iii) Worked as a Judge in various capacities for more than 20 years
iv) Law Professor for LLM students in Mumbai University.NUMBER OF ON-GOING 12
ARBITRATIONS:
CIRCUMSTANCES I have no relationship with any DISCLOSING ANY PAST OR of the parties nor have any PRESENT RELATIONSHIP interest in the subject matter in WITH OR INTEREST IN ANY OF dispute whether financial, THE PARTIES OR IN RELATION business, professional or other TO THE SUBJECT MATTER IN kind. Please note that the DISPUTE, WHETHER Arbitrator has no relationship Page 4 of 20 30th January 2020 ::: Uploaded on - 31/01/2020 ::: Downloaded on - 01/02/2020 00:37:46 ::: 927-CARBP-1497-19.DOC FINANCIAL, BUSINESS, with the parties or the counsel PROFESSIONAL OR OTHER or the dispute between the KIND, WHICH IS LIKELY TO parties, directly or indirectly. It is GIVE RISE TO JUSTIFIABLE further clarified that any other DOUBTS AS TO YOUR grounds mentioned in Fifth INDEPENDENCE OR Schedule or Seventh Schedule IMPARTIALITY (LIST OUT): to the said Act are not applicable to me.
Then clarified that there is no other relationship with or interest in any of the parties or in relation to the subject matter in dispute, whether financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to my independence or impartiality.
further declare that there are no circumstances/Conditions/Term s under seventh schedule which impose upon me or put doubt on my impartiality of being arbitrator in this dispute.
CIRCUMSTANCES WHICH ARE There is no such circumstance LIKELY TO AFFECT YOUR which is likely to afect my ABILITY TO DEVOTE ability to devote suficient time SUFFICIENT TIME TO THE to the Arbitration and in ARBITRATION AND IN particular my ability to finish the PARTICULAR YOUR ABILITY entire Arbitration within Twelve TO FINISH THE ENTIRE months and render an Award ARBITRATION WITHIN within three months. TWENTY-FOUR MONTHS AND RENDER AN AWARD WITHIN THREE MONTHS (LIST OUT).
TWENTY-FOUR MONTHS AND I further declare that there are RENDER AN AWARD WITHIN no circumstances/Conditions/ THREE MONTHS (LIST OUT). Terms under seventh schedule which impose upon me or put doubt on my impartiality of being arbitrator in this dispute. I further declare that there are no circumstances/Conditions/ Terms under Fifth schedule which impose upon me or put doubt on my integrity impartiality of being arbitrator in this dispute.Page 5 of 20
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7. There then followed something styled as a 'corrigendum' of 1st November 2019 where the arbitrator said that in a later realisation he found that the number of ongoing cases pertaining to the present Respondent pertained only to the "wholesale funding (dealer funding) section" of the Respondent. The number of cases pertaining to retail section of the claimant had not been updated and therefore the earlier disclosure was to be ignored. Now this revised tabulation says this:
THE SIXTH SCHEDULE (See Section 12(1)(b)) Name: Dr D.K. Sonawane Contact Details: 022-25777036 PRIOR EXPERIENCE More than 34 years experience (INCLUDING EXPERIENCE consists of: WITH ARBITRATIONS): i) Practicing Advocate from 1983-90
ii) Part time professor of Law College in Mumbai from 1984-90
iii) Worked as a Judge in various capacities for more than 20 years
iv) Law Professor for LLM students in Mumbai University.
NUMBER OF ARBITRATION 1985 CASES PERTAIN TO RETAIL SECTION, HANDLED & DISPOSED OFF IN LAST 3 YEARS NUMBER OF ON-GOING ARBITRATIONS: Retail Section: 567 Wholesale Cases (Dealer 12 Funding) : CIRCUMSTANCES I have no relationship with any Page 6 of 20 30th January 2020 ::: Uploaded on - 31/01/2020 ::: Downloaded on - 01/02/2020 00:37:46 ::: 927-CARBP-1497-19.DOC DISCLOSING ANY PAST OR of the parties nor have any PRESENT RELATIONSHIP interest in the subject matter in WITH OR INTEREST IN ANY OF dispute whether financial, THE PARTIES OR IN RELATION business, professional or other TO THE SUBJECT MATTER IN kind. Please note that the DISPUTE, WHETHER Arbitrator has no relationship FINANCIAL, BUSINESS, with the parties or the counsel PROFESSIONAL OR OTHER or the dispute between the KIND, parties, directly or circumstances/Conditions/Term s under Fifth schedule which impose upon me or put doubt on my integrity impartiality of being arbitrator in this dispute.
8. The Arbitrator did not just have 12 cases. These were only the ongoing arbitrations in what he calls the wholesale division of the Respondent. There are 567 pending ongoing arbitrations in the retail division. The aggregate number of retail section arbitration cases disposed of in the last 3 years is a staggering 1,985 for this Respondent alone.
9. We are not, contrary to the what the arbitrator may think, only concerned with the sixth Schedule to the Arbitration & Conciliation Act, 1996. We are concerned with the Fifth, Sixth and Seventh Schedules.
THE FIFTH SCHEDULE [See section 12(1)(b)] The following grounds give rise to justifable doubts as to the independence or impartiality of arbitrators:
Arbitrator's relationship with the parties or counsel Page 7 of 20 30th January 2020 ::: Uploaded on - 31/01/2020 ::: Downloaded on - 01/02/2020 00:37:46 ::: 927-CARBP-1497-19.DOC
1. The arbitrator is an employee, consultant, advisor or has any other past or present business relationship with a party.
2. The arbitrator currently represents or advises one of the parties or an afliate of one of the parties.
3. The arbitrator currently represents the lawyer or law frm acting as counsel for one of the parties.
4. The arbitrator is a lawyer in the same law frm which is representing one of the parties.
5. The arbitrator is a manager, director or part of the management, or has a similar controlling infuence, in an afliate of one of the parties if the afliate is directly involved in the matters in dispute in the arbitration.
6. The arbitrator's law frm had a previous but terminated involvement in the case without the arbitrator being involved himself or herself.
7. The arbitrator's law frm currently has a signifcant commercial relationship with one of the parties or an afliate of one of the parties.
8. The arbitrator regularly advises the appointing party or an afliate of the appointing party even though neither the arbitrator nor his or her frm derives a signifcant fnancial income therefrom.
9. The arbitrator has a close family relationship with one of the parties and in the case of companies with the persons in the management and controlling the company.
10. A close family member of the arbitrator has a signifcant fnancial interest in one of the parties or an afliate of one of the parties.Page 8 of 20
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11. The arbitrator is a legal representative of an entity that is a party in the arbitration.
12. The arbitrator is a manager, director or part of the management, or has a similar controlling infuence in one of the parties.
13. The arbitrator has a signifcant fnancial interest in one of the parties or the outcome of the case.
14. The arbitrator regularly advises the appointing party or an afliate of the appointing party, and the arbitrator or his or her frm derives a signifcant fnancial income therefrom.
Relationship of the arbitrator to the dispute
15. The arbitrator has given legal advice or provided an expert opinion on the dispute to a party or an afliate of one of the parties.
16. The arbitrator has previous involvement in the case.
Arbitrator's direct or indirect interest in the dispute
17. The arbitrator holds shares, either directly or indirectly, in one of the parties or an afliate of one of the parties that is privately held.
18. A close family member of the arbitrator has a signifcant fnancial interest in the outcome of the dispute.
19. The arbitrator or a close family member of the arbitrator has a close relationship with a third party who may be liable to recourse on the part of the unsuccessful party in the dispute.
Previous services for one of the parties or other involvement in the case Page 9 of 20 30th January 2020 ::: Uploaded on - 31/01/2020 ::: Downloaded on - 01/02/2020 00:37:46 ::: 927-CARBP-1497-19.DOC
20. The arbitrator has within the past three years served as counsel for one of the parties or an afliate of one of the parties or has previously advised or been consulted by the party or an afliate of the party making the appointment in an unrelated matter, but the arbitrator and the party or the afliate of the party have no ongoing relationship.
21. The arbitrator has within the past three years served as counsel against one of the parties or an afliate of one of the parties in an unrelated matter.
22. The arbitrator has within the past three years been appointed as arbitrator on two or more occasions by one of the parties or an afliate of one of the parties.
23. The arbitrator's law frm has within the past three years acted for one of the parties or an afliate of one of the parties in an unrelated matter without the involvement of the arbitrator.
24. The arbitrator currently serves, or has served within the past three years, as arbitrator in another arbitration on a related issue involving one of the parties or an afliate of one of the parties.
Relationship between an arbitrator and another arbitrator or counsel
25. The arbitrator and another arbitrator are lawyers in the same law frm.
26. The arbitrator was within the past three years a partner of, or otherwise afliated with, another arbitrator or any of the counsel in the same arbitration.
27. A lawyer in the arbitrator's law frm is an arbitrator in another dispute involving the same party or parties or an afliate of one of the parties.
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28. A close family member of the arbitrator is a partner or employee of the law frm representing one of the parties, but is not assisting with the dispute.
29. The arbitrator has within the past three years received more than three appointments by the same counsel or the same law frm.
Relationship between arbitrator and party and others involved in the arbitration
30. The arbitrator's law frm is currently acting adverse to one of the parties or an afliate of one of the parties.
31. The arbitrator had been associated within the past three years with a party or an afliate of one of the parties in a professional capacity, such as a former employee or partner.
Other circumstances
32. The arbitrator holds shares, either directly or indirectly, which by reason of number or denomination constitute a material holding in one of the parties or an afliate of one of the parties that is publicly listed.
33. The arbitrator holds a position in an arbitration institution with appointing authority over the dispute.
34. The arbitrator is a manager, director or part of the management, or has a similar controlling infuence, in an afliate of one of the parties, where the afliate is not directly involved in the matters in dispute in the arbitration.
Explanation 1.--The term "close family member" refers to a spouse, sibling, child, parent or life partner.
Page 11 of 2030th January 2020 ::: Uploaded on - 31/01/2020 ::: Downloaded on - 01/02/2020 00:37:46 ::: 927-CARBP-1497-19.DOC Explanation 2.--The term "afliate" encompasses all companies in one group of companies including the parent company.
Explanation 3.--For the removal of doubts, it is clarifed that it may be the practice in certain specifc kinds of arbitration, such as maritime or commodities arbitration, to draw arbitrators from a small, specialised pool. If in such felds it is the custom and practice for parties frequently to appoint the same arbitrator in diferent cases, this is a relevant fact to be taken into account while applying the rules set out above."
THE SIXTH SCHEDULE [See section 12(1)(b)] NAME:
CONTACT DETAILS:
PRIOR EXPERIENCE (INCLUDING EXPERIENCE WITH ARBITRATIONS):
NUMBER OF ONGOING ARBITRATIONS:
CIRCUMSTANCES DISCLOSING ANY PAST OR PRESENT RELATIONSHIP WITH OR INTEREST IN ANY OF THE PARTIES OR IN RELATION TO THE SUBJECT-MATTER IN DISPUTE, WHETHER FINANCIAL, BUSINESS, PROFESSIONAL OR OTHER KIND, WHICH IS LIKELY TO GIVE RISE TO JUSTIFIABLE DOUBTS AS TO YOUR INDEPENDENCE OR IMPARTIALITY (LIST OUT):
CIRCUMSTANCES WHICH ARE LIKELY TO AFFECT YOUR ABILITY TO DEVOTE SUFFICIENT TIME TO THE Page 12 of 20 30th January 2020 ::: Uploaded on - 31/01/2020 ::: Downloaded on - 01/02/2020 00:37:46 ::: 927-CARBP-1497-19.DOC ARBITRATION AND IN PARTICULAR YOUR ABILITY TO FINISH THE ENTIRE ARBITRATION WITHIN TWELVE MONTHS (LIST OUT):"
THE SEVENTH SCHEDULE [See section 12(5)] Arbitrator's relationship with the parties or counsel
1. The arbitrator is an employee, consultant, advisor or has any other past or present business relationship with a party.
2. The arbitrator currently represents or advises one of the parties or an afliate of one of the parties.
3. The arbitrator currently represents the lawyer or law frm acting as counsel for one of the parties.
4. The arbitrator is a lawyer in the same law frm which is representing one of the parties.
5. The arbitrator is a manager, director or part of the management, or has a similar controlling infuence, in an afliate of one of the parties if the afliate is directly involved in the matters in dispute in the arbitration.
6. The arbitrator's law frm had a previous but terminated involvement in the case without the arbitrator being involved himself or herself.
7. The arbitrator's law frm currently has a signifcant commercial relationship with one of the parties or an afliate of one of the parties.
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8. The arbitrator regularly advises the appointing party or an afliate of the appointing party even though neither the arbitrator nor his or her frm derives a signifcant fnancial income therefrom.
9. The arbitrator has a close family relationship with one of the parties and in the case of companies with the persons in the management and controlling the company.
10. A close family member of the arbitrator has a signifcant fnancial interest in one of the parties or an afliate of one of the parties.
11. The arbitrator is a legal representative of an entity that is a party in the arbitration.
12. The arbitrator is a manager, director or part of the management, or has a similar controlling infuence in one of the parties.
13. The arbitrator has a signifcant fnancial interest in one of the parties or the outcome of the case.
14. The arbitrator regularly advises the appointing party or an afliate of the appointing party, and the arbitrator or his or her frm derives a signifcant fnancial income therefrom.
Relationship of the arbitrator to the dispute
15. The arbitrator has given legal advice or provided an expert opinion on the dispute to a party or an afliate of one of the parties.
16. The arbitrator has previous involvement in the case.
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17. The arbitrator holds shares, either directly or indirectly, in one of the parties or an afliate of one of the parties that is privately held.
18. A close family member of the arbitrator has a signifcant fnancial interest in the outcome of the dispute.
19. The arbitrator or a close family member of the arbitrator has a close relationship with a third party who may be liable to recourse on the part of the unsuccessful party in the dispute.
Explanation 1.--The term "close family member" refers to a spouse, sibling, child, parent or life partner.
Explanation 2.--The term "afliate" encompasses all companies in one group of companies including the parent company.
Explanation 3.--For the removal of doubts, it is clarifed that it may be the practice in certain specifc kinds of arbitration, such as maritime or commodities arbitration, to draw arbitrators from a small, specialised pool. If in such felds it is the custom and practice for parties frequently to appoint the same arbitrator in diferent cases, this is a relevant fact to be taken into account while applying the rules set out above.
(Emphasis added)
10. Viewed from any perspective, and to use this arbitrator's own phraseology, there is indeed a universal agreement that is of prime importance that the judicial tribunal should be impartial and disinterested. On any rational reading of these documents, it is impossible to hold that this could even conceivably be true of this particular arbitrator. No one with nearly 600 ongoing arbitrations for Page 15 of 20 30th January 2020 ::: Uploaded on - 31/01/2020 ::: Downloaded on - 01/02/2020 00:37:46 ::: 927-CARBP-1497-19.DOC one party, and having decided another 1600-plus can possibly meet the requirements of the Arbitration Act.
11. There is the question of whether any such unilateral appointment can ever survive in view of the recent decisions of the Supreme Court, viz., Perkins Eastman Architect DPC & Anr vs HSSC (India) Ltd.,1 Voestalpine Schienen GmbH v Delhi Metro Rail Corporation Ltd.,2 TRF Ltd v Energo Engineering Products Ltd.3 In a very recent decision in Proddatur Cable TV Digi Services v Siti Cable Network Ltd,4 Ms Jyoti Singh J of the Delhi High Court held, in a petition under Sections 14 and 15 of the Arbitration Act, and after a comprehensive review of precedent, that a unilateral appointment by one party is invalid in view of Perkins Eastman. I am in most respectful agreement with that view. The unilateral appointment of Mr Sonawane by the Respondent is unlawful, illegal and non-est.
12. The arbitration petition succeeds. It is made absolute in terms of prayer clause (i).
13. The learned Advocate for the Respondent has no instructions to agree upon the name of an arbitrator. I will exercise my discretion and refer the parties to Mr Cyrus Ardeshir, learned Advocate of this Court as the sole Arbitrator to decide the disputes and diferences between the parties under the Facility Agreement dated 23rd March 2012.
1 2019 (9) SCC OnLine SC 1517.
2 (2017) 4 SCC 665.
3 (2017) 8 SCC 377.
4 OMP (T) (Comm) 109/2019 and IA 17896/2019.
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(a) Appointment of Arbitrator: By consent, Mr Cyrus Ardeshir, learned Advocate, is hereby nominated to act as a Sole Arbitrator to decide the disputes and diferences between the parties under the Facility Agreement dated 23rd March 2012.
(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) 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 Cryrus Ardeshir, learned Advocate Address Vardhman Chambers, 2nd Floor, Ofce No. 217, Cawasji Patel Street, Fort, Mumbai 400 001 Mobile 9820097671 Email [email protected]
(c) Disclosure: The learned Sole Arbitrator is requested to forward the necessary statement of disclosure under Section 11(8) read with Section 12(1) of the Arbitration Page 17 of 20 30th January 2020 ::: Uploaded on - 31/01/2020 ::: Downloaded on - 01/02/2020 00:37:46 ::: 927-CARBP-1497-19.DOC Act to the Prothonotary and Senior Master of this Court, referencing this arbitration application, as soon as possible, and in any case sufciently before entering upon the reference to arbitration. That statement will be retained by the Prothonotary & Senior Master 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 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 within one week of this order being uploaded. The information is to include a valid and functional email address.
(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.
Page 18 of 20 30th January 2020 ::: Uploaded on - 31/01/2020 ::: Downloaded on - 01/02/2020 00:37:46 ::: 927-CARBP-1497-19.DOC (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.
(ii) Any such application will be decided in such manner and within such time as the learned Sole Arbitrator deems ft.
(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 19 of 20
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14. The petition is disposed of in these terms. No costs.
(G. S. PATEL, J) Page 20 of 20 30th January 2020 ::: Uploaded on - 31/01/2020 ::: Downloaded on - 01/02/2020 00:37:46 :::