Bombay High Court
Gazebo Developers Pvt. Ltd vs Morris Benny Kenny on 12 February, 2019
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
1 6-arbp 138-18
psv
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO.138 OF 2018
Gazebo Developers Private Limited ..Petitioner
Vs.
Morris Benny Kenny ..Respondent
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Mr.Jay Vakil i/b. Mahesh Thaker for Petitioner.
None for Respondent.
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CORAM : G.S. KULKARNI, J.
DATE : 12th FEBRUARY, 2019 P.C.:
This is a petition filed under Section 15 of the Arbitration and Conciliation Act, 1996 (for short, "the ACA") whereby the petitioner has prayed for appointment of a substitute arbitrator as the arbitrator appointed earlier is unable to proceed with the arbitration.
2. By an order dated 28 January, 2019 this Court (B.P. Colabawalla, J.) considering the consensus between the parties, appointed Mr.Vishal Kanade, an Advocate of this Court, as a sole arbitrator to adjudicate the disputes and differences between the parties and subject matter of the pending arbitration proceedings. The petition was adjourned awaiting the compliance of the learned prospective arbitrator as contemplated under Section 11(8) read with Section 12(2) of the ACA. ::: Uploaded on - 13/02/2019 ::: Downloaded on - 14/02/2019 00:30:18 :::
2 6-arbp 138-18
3. Learned Counsel for the petitioner has placed on record a disclosure made by the learned arbitrator. It is marked "X" for identification.
4. In view of the disclosure as now placed on record, the arbitration petition is disposed of in terms of the order dated 28 January 2019 of appointing Mr.Vishal Kanade, Advocate, as a substitute arbitrator to adjudicate the disputes and differences between the parties and subject matter of the present proceedings. No costs.
[G.S. KULKARNI, J.] ::: Uploaded on - 13/02/2019 ::: Downloaded on - 14/02/2019 00:30:18 :::