Bombay High Court
Damodar Ropeways And Infra Limited vs Shree Jivdani Devi Temple Trust And 12 ... on 22 July, 2019
Author: G.S.Kulkarni
Bench: G.S.Kulkarni
902&908.CARAPL294_2019.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION APPLICATION (L) NO. 294 OF 2019
WITH
COMMERCIAL ARBITRATION PETITION (L) NO. 779 OF 2019
Damodar Ropeways and Infra Ltd.
(Formerly known as Indian Ropeways & ... Applicant/
Petitioner
V/s.
Shree Jivdani Devi Temple Trust & Ors. ... Respondents
Dr. Birendra Saraf, Ms. Kathleen Lobo, Mr. Zacrius Joseph, Ms. Aastha
Arora i/b. Khaitan & Co. for the applicant/petitioner.
Ms. Swati Sagvekar for the respondents.
CORAM : G.S.KULKARNI, J.
DATE : 22nd July, 2019
P.C.:
Heard learned counsel for the petitioner and learned counsel for
the respondents.
2. These are two proceedings. Commercial Arbitration Petition (L)
No. 779 of 2019 is filed under section 9 of Arbitration and Conciliation
Act, 1996 (for short, "the Act") seeking interim relief pending arbitral
proceedings. Arbitration Application No. 294 of 2019 is filed under
section 11 r/w. Section 15 of the Act praying for appointment of
substitute arbitrator in as much as the sole arbitrator who was
appointed by an order dated 11th September, 2019 passed by this Court
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has terminated the arbitral proceedings.
3. After these proceedings are heard for sometime, learned counsel
for the parties are agreeable that a substitute arbitrator be appointed.
As regards the Petition filed under section 9 of the Act, learned counsel
for the petitioner submits that earlier an Application under section 17
of the Act was moved before the learned arbitrator and the same is
pending for adjudication and the learned sole arbitrator terminated the
proceedings. It is stated that thus liberty be granted to the petitioner to
amend Section 17 Application as pending, if so felt necessary.
4. Learned counsel for the respondent would not have any objection
to such a course of action. Learned counsel for the respondent would
also state that Ropeway is being operated by the respondent and the
same is being operated at their own risk and consequences. Statement
is accepted.
5. In view of the above consenses between the parties, the present
proceedings are disposed of by the following order:
ORDER
(i) Mr. Justice Naresh H. Patil, Former Chief Justice of this 2/4 ::: Uploaded on - 23/07/2019 ::: Downloaded on - 24/07/2019 00:51:02 ::: 902&908.CARAPL294_2019.doc Court is appointed as an arbitrator to adjudicate the disputes between the parties.
(ii) The learned prospective sole arbitrator, seven 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 application with a copy to be forwarded to both the parties;
(iii) The learned sole arbitrator so appointed shall continue the proceedings from the stage the proceedings reached before the earlier arbitral tribunal;
(iv) The fees payable to the arbitral tribunal shall be the fees as prescribed under the Bombay High Court (Fees Payable to Arbitrators) Rules,2018.
(v) The petitioner is at liberty to either move this Section 9 petition before the arbitral tribunal as an application under Section 17 of the Act or amend the pending Section 17 application so as to seek appropriate relief. Respondent is also permitted to file any additional reply, documents etc.
(vi) At the first instance, the parties shall appear before the 3/4 ::: Uploaded on - 23/07/2019 ::: Downloaded on - 24/07/2019 00:51:02 ::: 902&908.CARAPL294_2019.doc prospective arbitrator within seven days from today on a date which may be mutually fixed by the prospective sole arbitrator;
(vii) The learned sole arbitrator shall make an endeavour to decide Section 17 Application as expeditiously as possible and within a period of six weeks from the date of filing of the said application;
(viii)All contentions of the parties including on merits of the disputes are expressly kept open;
(ix) Both the above proceedings have been 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:
Rajgir Chambers, Office No. 63, 7th floor, Opposite Old Customs House, Fort, Mumbai - 400 001. (M) - 9422210444 Email ID : [email protected] (G.S.KULKARNI, J.) 4/4 ::: Uploaded on - 23/07/2019 ::: Downloaded on - 24/07/2019 00:51:02 :::