Bombay High Court
Rkec Projects Limited vs Mumbai Port Trust Through Its Board Of ... on 26 June, 2019
Author: G.S.Kulkarni
Bench: G.S.Kulkarni
This Order is modified/corrected by Speaking to Minutes Order dated 08/07/2019
905.CARAPL246_2019.odt
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION APPLICATION (L)NO. 246 OF 2019
RKEC Projects Ltd. ... Applicant
V/s.
Mumbai Port Trust ... Respondent
----------------
Ms. Ankita Singhania i/b. Ashok Dhanuka,for the applicant.
Mr. Umesh Shetty a/w. Mr. F.N. Pavri, Ms. P.R. Patel i/b. Mulla
and Craigie Blunt & Caroe for the Respondent.
----------------
CORAM : G.S.KULKARNI, J.
DATE : 26th June, 2019 '
P.C.:
This is an Application filed under section 11 of the
Arbitration and Conciliation Act, 1996 (for short, "the Act").
The applicant is before the court praying for appointment of
an arbitral tribunal to adjudicate the disputes which are
stated to have arisen between the parties under the contract
agreement dated 2nd January, 2013. The arbitration
agreement between the parties is contained in Clause 27.3.
There is no dispute in regard to the existence of an arbitration
agreement.
2. By letter dated 16th August, 2018 addressed to the
respondent, the applicant has invoked the arbitration
1/3
::: Uploaded on - 29/06/2019 ::: Downloaded on - 15/07/2019 06:07:37 :::
This Order is modified/corrected by Speaking to Minutes Order dated 08/07/2019
905.CARAPL246_2019.odt
agreement and requested the respondent to agree for
formation of an arbitral tribunal as per the arbitration
agreement. As the respondent in the period as specified
under section 11(4) of the Act, did not concur in appointing an
arbitrator, the applicant is before the court in the present
proceedings. The applicant has nominated Mr. Justice P.N.
Ravindran, as the applicant's nominee arbitrator.
3. After this application was heard for sometime, learned
counsel for the respondent on instructions states that the
respondent is also agreeable for the disputes being referred
for adjudication by appointing an arbitrator. In view of the
consensus, the application is required to be allowed. Hence,
the following order:
ORDER
(i) Mr. Justice P.N. Ravindran, former Judge of this Court is proposed to be appointed as an arbitrator on behalf of the applicant.
(ii) The Court appoints Mr. Justice V.M. Kanade, former Judge of this Court, having address at 601, Siddhant CHS Ltd., Survey No. 341, Cts-629, Madhusudan Kalelkar Marg, Opp. VSNL Building, Bandra (E), Mumbai - 400 2/3 ::: Uploaded on - 29/06/2019 ::: Downloaded on - 15/07/2019 06:07:37 ::: This Order is modified/corrected by Speaking to Minutes Order dated 08/07/2019
905.CARAPL246_2019.odt 051 as a nominee arbitrator on behalf of the respondent.
(iii) The prospective arbitrators appointed by the Court shall appoint the Presiding Arbitrator in accordance with the provisions of the Act.
(iv) The prospective arbitrators before entering a reference, shall make a statement of disclosure as per the requirement of Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996 and to forward the same to the Prothonotary and Senior Master of this Court to be placed on record of this application, with a copy to be forwarded to both the parties.
(v) The Arbitration Application is disposed of in the above terms. No costs.
4. The application is disposed of in the above terms. No costs.
(G.S.KULKARNI, J.) 3/3 ::: Uploaded on - 29/06/2019 ::: Downloaded on - 15/07/2019 06:07:37 :::