Gujarat High Court
M/S Mastek Limited vs Social Justice And Empowerement ... on 29 January, 2021
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
C/IAAP/49/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/PETN. UNDER ARBITRATION ACT NO. 49 of 2020
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M/S MASTEK LIMITED
Versus
SOCIAL JUSTICE AND EMPOWEREMENT DEPARTMENT
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Appearance:
ARJUN R SHETH(7589) for the Petitioner(s) No. 1
MS JYOTI BHATT, AGP for the Respondent(s) No. 1
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 2
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CORAM: HONOURABLE MS. JUSTICE BELA M. TRIVEDI
Date : 29/01/2021
ORAL ORDER
1. Heard learned Advocate Mr. Arjun Sheth for the petitioner and learned AGP Ms. Jyoti Bhatt for respondent no.1.
2. On 22.12.2020, the Coordinate Bench had passed the following order:
"Heard Mr. Arjun Sheth, learned advocate for the petitioner and Mr.Ishan Joshi, learned AGP for the respondent through video conferencing.
Undisputedly, there is an arbitration clause and both learned advocates for the respective parties submit that an acceptable name may be considered for appointment as the sole arbitrator. Mr. Sheth, learned advocate for the petitioner has suggested the name of Justice C.K.Thakker (Retired Judge, Supreme Court of India). In order to avail the consent of Justice C.K. Thakker (Retired Judge, Supreme Court of India), stand over to 21.01.2021.
3. On 22.01.2021, this Court had passed the following order:
"None is present for the respondents. Learned advocate Mr. Sheth for the petitioner states that Mr.Justice C.K. Thakkar, Former Judge, Supreme Court of India was approached to avail his consent to Page 1 of 2 Downloaded on : Sat Jan 30 03:58:20 IST 2021 C/IAAP/49/2020 ORDER act as an Arbitrator, however, he has regretted to be appointed as per the scheduled fees.
Since nobody for the otherside is present, let learned AGP Ms. Jyoti Bhatt appear on the next date. The Office is directed to show her name for the respondent No. 1.
Put up on 29.01.2021."
4. Today, both the learned advocates for the parties have requested the Court to appoint an Arbitrator as there is no consensus in the name of Arbitrator for being appointed as the sole Arbitrator to resolve the disputes between the parties.
5. Under the circumstances, let Mr. Justice S. R. Brahmbhatt, Former Judge, High Court of Gujarat be requested to act as an Arbitrator. Learned Advocate Mr.Arjun Sheth for the petitioner is directed to obtain the consent/ declaration as contemplated in the Sixth Schedule (under section 11(8) read with 12(1)(b) of the Arbitration and Conciliation Act, 1996, as amended by the Arbitration and Conciliation (Amendment) Act, 2015, before the next date.
6. Put up after two weeks as prayed for.
(BELA M. TRIVEDI, J) MEHUL B. TUVAR Page 2 of 2 Downloaded on : Sat Jan 30 03:58:20 IST 2021