Bombay High Court
Premco Rail Engineers Ltd vs Hindustan Petroleum Corporation ... on 16 October, 2018
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
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902-ARBAP328.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO. 328 OF 2018
Premo Rial Engineers Limited ..... Applicant
VERSUS
Hindustan Petroleum Corporation Limited ..... Respondent
Mr.Prateek Bagaria, i/b. Mr.Manan Sanghavi for the Applicant.
Mr.Ashok Purohit, a/w. Ms.Raveena Yadav, i/b. Ashok Purohit & Co.
for the Respondent.
CORAM : R.D. DHANUKA, J.
DATE : 16th OCTOBER, 2018 P.C.
Pursuant to the order passed by this court on 10 th October,2018, learned counsel for the respondent has suggested the name of Shri Pankaj Kumar Verma, stating that he is having experience of handling a large number of arbitration matters.
2. Mr. Bagaria, learned counsel appearing for the applicant states that the details of the prospective arbitrator does not disclose all the details as contemplated under section 12(5) read with Schedule VI of the Arbitration and Conciliation Act, 1996.
3. The learned prospective arbitrator has not filed his statement of disclosure till date. Whether the prospective arbitrator is qualified or not in accordance with the provisions of section 12(5) read with Schedules V, VI and VII, the same can be decided after the prospective kvm 2/2 902-ARBAP328.18 arbitrator files his statement of disclosure in terms of section 11(8) read with 12(1) of the Arbitration and Conciliation Act, 1996.
4. I thus propose to appoint Shri Pankaj Kumar Verma as a sole arbitrator. The learned prospective arbitrator is requested to file statement of disclosure in terms of section 11(8) read with 12(1) of the Arbitration and Conciliation Act, 1996 before this court on or before the next date.
5. If this court is satisfied that the disclosure statement that may be filed by the learned prospective arbitrator is in compliance with the provisions of section 12(1) and (5) read with Schedule V to VII, he may be appointed as an arbitrator by this court on the next date.
6. The applicant is directed to obtain such statement of disclosure from the prospective arbitrator and tender before this court on or before the next date.
7. Place the matter on Supplementary Board for direction on 30th October, 2018.
[R.D. DHANUKA, J.]
Digitally signed
Kanchan by Kanchan
Vinod Mayekar
Vinod Date:
Mayekar 2018.10.17
18:00:22 +0530