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Aggcon Equipments International ... vs Jmc Projects (India) Limited on 3 May, 2024

2024:BHC-OS:7161                                                5-OSARBAPL-3923-2023-2023+.DOC




                                                                                                Sumedh



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                         ARBITRATION APPLICATION (L) NO. 3923 OF 2023
                                                        WITH
                             INTERIM APPLICATION (L) NO. 11377 OF 2024



                    Aggcon Equipments International Pvt Ltd                         ...Petitioner/
                                                                                      Applicant
                         Versus
                    JMC Projects India Ltd                                         ...Respondent


                    Mr Sankalp Anantwar, i/b SMA Law Partners, for the Applicant.
                    Ms Sindhu Kotian, with Akash Gaonkar i/b Legalserve And
                         Associates, for the Respondent.


                                                  CORAM     Kamal Khata, J.

                                                  DATED:    3rd May 2024
                    PC:-

1. Mr Anantwar for the Applicant seeks to amend the Arbitration Application.

2. The Applicant's Interim Application ("IA") for change of name of the Respondent alongwith the consequential amendment as per the Schedule annexed at page 13 and 14 of IA is allowed. The amendment is to be carried out by Monday, 6th May 2024. Reverification is dispensed with.

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3. This Arbitration Application under Section 11 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"), seeks appointment of an Arbitrator regarding the disputes that are a subject matter of this Application.

4. The arbitration clause is contained in clause 26 of Annexure II

-General Terms and Conditions of the said Letter of Intent ("LoI") dated 27th June 2018 read with Clause 26 of Annexure II- General Terms and Conditions of the Work Order dated 3rd September 2018 issued in terms of LoI.

5. There is no dispute with regard to limitation between the parties.

6. Both Advocates agree to appoint Mr Minoo Siodia, as the sole arbitrator.

7. Therefore, I pass the following order:

(a) I hereby nominate Mr Minoo Siodia, Advocate, as Sole Arbitrator. His contact details are as follows: Mistry Mansion, 2nd Floor, 107, M.G. Road, Mumbai 4000001, (D) 66350773, (O) 66350772, (M) 9820062104, Email: [email protected], [email protected]. He shall adjudicate the disputes between the parties that are subject matter of the present Application.

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(b) The Arbitrator is requested to file his disclosure statement, as per Section 11(8) under section 12(1) of the Arbitration Act, within four weeks with the Prothonotary and Senior Master and provide copies to the parties.

(c) Parties to appear before the Sole Arbitrator on a date to be fixed by him at his earliest convenience.

(d) Fees payable to the Sole Arbitrator will be in accordance with the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.

(e) The Arbitration Petition is disposed of in the above terms.

(f ) No order as to costs.

8. The office to notify the Arbitrator of his appointment including via email.

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