Rajat Ramesh Patel vs Kanti Arora on 5 November, 2019

[Cites 6, Cited by 0]

Bombay High Court

Rajat Ramesh Patel vs Kanti Arora on 5 November, 2019

Bench: G.S. Patel

                                                       903-ARBAP335-19+.DOC




 Atul


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION
          ARBITRATION APPLICATION NO. 335 OF 2019
                                    AND
        COMM ARBITRATION PETITION NO. 1076 OF 2019


 Rajat Ramesh Patel                                                ...Petitioner
       Versus
 Kanti Arora                                                     ...Respondent


Mr Rupesh Geete, i/b Parinam Law Associates, for the Petitioner.


                               CORAM:           G.S. PATEL, J.

                               DATED:           5th November 2019
 PC:-

1. The Arbitration Application under Section 11 of the Arbitration and Conciliation Act 1996 and the Arbitration Petition No. 1076 of 2019 were both disposed of by an order dated 14th October 2019 (GS Kulkarni J). By that order, the Court appointed Ms Soumya Srikrishna as an Arbitrator.

2. There was some delay in obtaining a copy of that order and communicating it to the nominated Arbitrator. When that was done, the learned Advocate indicated her inability to enter upon the reference.

Page 1 of 4

5th November 2019 ::: Uploaded on - 06/11/2019 ::: Downloaded on - 06/11/2019 23:57:49 ::: 903-ARBAP335-19+.DOC

3. The application today is, therefore, for an extension of time and also to substitute the name of the Arbitrator. Such a substitution is specifcally permitted by Section 29-A(6).

4. The Respondent, though served, is not present. The Respondent was also absent on 14th October 2019 when GS Kulkarni J passed the order I have noted above.

5. Hence, the following order:

(a) The name of Ms Soumya Srikrishna is substituted with the name of Mr Kirti Munshi, Advocate of this Court, subject to his availability and willingness;

(b) The other directions in the order of 14th October 2019 will remain except that the time for communicating this order to Mr Munshi will be within ten (10) days from tomorrow;

6. Liberty to apply if Mr Munshi is unable to act as an Arbitrator.

7. By way of abundant caution, the operative portion of 14th October 2019 order modifed to change the name of the Arbitrator and to delete the arbitrator's address clause is reproduced below:

"ORDER

(i) Mr Kirti Munshi, Advocate is appointed as an Arbitrator to adjudicate the disputes between the parties Page 2 of 4 5th November 2019 ::: Uploaded on - 06/11/2019 ::: Downloaded on - 06/11/2019 23:57:49 ::: 903-ARBAP335-19+.DOC which have arisen under the Supplement Deed of Partnership dated 10 October 1999.

(ii) The learned prospective sole arbitrator, ten 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 and 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 fees payable to the arbitral tribunal shall be as prescribed under the Bombay High Court (Fees Payable to Arbitrators) Rules, 2018.

(iv) The petitioner is at liberty to move application under section 17 of the Act before the learned arbitrator to seek such appropriate interim measures;

(v) Statement of claim along with Section 17 Application shall be moved before the arbitral tribunal within a period of 15 days from today;

(vi) All contentions of the parties are expressly kept open;

(vii) Till Section 17 Application is heard and decided, there shall be ad-interim relief in terms of prayer clause (a) of Section 9 Petition, which reads thus:

'a. Pending the commencement, hearing and fnal disposal of the arbitration proceedings and until the passing and enforcement of the arbitral award passed therein, this Hon'ble Court be pleased to pass an order of injunction restraining the respondent, his servant/s, agent/s, representative/s or any third party/s claiming Page 3 of 4 5th November 2019 ::: Uploaded on - 06/11/2019 ::: Downloaded on - 06/11/2019 23:57:49 ::: 903-ARBAP335-19+.DOC through him from selling, alienating, transferring, disposing of and/or creating any third party rights in the said property in any manner, howsoever;'

(viii) It is clarifed that the protection so granted will not in any manner afect any proceedings before the Income-tax authorities and the entitlement of the Income-tax authorities to proceed to recover any tax dues, as may be liable to be paid by the partnership frm in accordance with law;

(ix) At the frst instance, the parties shall appear before the prospective arbitrator within 10 days from today on a date which may be mutually fxed by the prospective sole arbitrator;

(x) The arbitral tribunal shall endeavour to adjudicate Section 17 Application as expeditiously as possible and within a period of 6 weeks from the fling of Statement of claim along with the Section 17 Application;

(xi) Needless to observe that if the petitioner does not fle the said proceedings before the arbitral tribunal as directed, the beneft of this order shall not be available to the petitioner and the petition shall be treated to be dismissed."

8. It is clarifed that the ad-interim order will continue as indicated in the 14th October 2019 order.

(G. S. PATEL, J) Page 4 of 4 5th November 2019 ::: Uploaded on - 06/11/2019 ::: Downloaded on - 06/11/2019 23:57:49 :::

Unlock Advanced Research with PRISMAI

Bombay High Court