Bombay High Court
Parle Agro Pvt.Ltd vs Mody Beverages Private Limited on 18 December, 2018
Author: S.C. Gupte
Bench: S.C. Gupte
arbp1370-14.doc
sg
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO.1370 OF 2014
Parle Agro Pvt. Ltd. ....Petitioner
vs
Mody Beverages Private Limited ...Respondent
.....
Mr. Pradeep Sancheti, Senior Advocate, a/w. Ms. Anshika Misra, Ms.
Apoorva Gupta and Mr. Gopal Machiraju, i/b. AZB & Partners, for the
Petitioner.
Mr. Zubin Behram Kamdin, a/w. Mr. Mihir Mody and Ms. Namrata Shah
Saurashtri, i/b. K. Ashar & Co., for the Respondent.
......
CORAM : S.C. GUPTE, J.
DATED: 18 DECEMBER, 2018 P.C.:
. After the matter is heard at some length, it is agreed between learned Counsel for the parties that the impugned award in the present case may be set aside and the arbitration reference be remanded to a new arbitrator for a fresh hearing in accordance with law. Accordingly, by consent of parties, Mr. Naushad Engineer, Advocate, is appointed as a sole arbitrator to adjudicate the disputes and differences between the parties arising out of the present reference, subject to his disclosure and consent. It is agreed between the parties that the pleadings and evidence before the original arbitrator shall be treated as pleadings and evidence in the reference before the new arbitrator and Pg 1 of 2 ::: Uploaded on - 19/12/2018 ::: Downloaded on - 25/12/2018 20:49:57 ::: arbp1370-14.doc the arbitrator will simply hear oral submissions of Counsel on the disputes. The award shall be declared within a period of six months from today. It is made clear that whilst disposing of the arbitration petition in the manner as above, this Court has not applied its mind to the merits of the controversy and the order is passed simply on consent of both Counsel. All rights and contentions on merits are kept open.
( S.C. GUPTE, J. ) Pg 2 of 2 ::: Uploaded on - 19/12/2018 ::: Downloaded on - 25/12/2018 20:49:57 :::