Bombay High Court
Karismaa Foundation Pvt. Ltd vs Itd Cementation India Ltd on 11 September, 2019
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
kpd 1 / 2 947-CARAP-120-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL ARBITRATION APPLICATION NO. 120 OF 2019
Karismaa Foundation Pvt. Ltd. ... Applicant
Versus
ITD Cementation India Ltd. ... Respondent
Mr. K.R. Parekh for the Applicant.
Mr. Rahul Karnik alongwith Ms. Jinal Rathi for the Respondent.
CORAM : S.J. KATHAWALLA, J.
DATED : 11th SEPTEMBER, 2019 P.C.:
1. Heard the Learned Advocates appearing for the parties and the following order is passed, by consent :-
(a) Mr. Anoshak Davar, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Contract dated 18 th September, 2017 read with letter of intent dated 11th November, 2017.
(b) Mr. Anoshak Davar, Advocate shall fle his disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015 (Act No.3 of 2016) with the Prothonotary and Senior Master of this Court on or before 18 th September, 2019.
(c) The parties and/or their Advocates shall appear before the Learned Arbitrator in his Chambers on 20th September, 2019 at 5.00 p.m. and obtain necessary directions.
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(d) The venue of arbitration shall be at Mumbai.
(e) The cost of arbitration shall initially be borne by the parties equally.
(f ) The fees payable to the arbitral tribunal shall be as prescribed under the
Bombay High Court (Fees Payable to Arbitrators) Rules, 2018.
(g) All contentions of the parties are kept open.
(h) The Respondent shall be at liberty to fle counter-claim.
2. In view of this order, the above Arbitration Application is disposed of.
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