Par Air Private Limited vs Acc Limited And Anr on 18 June, 2019

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Bombay High Court

Par Air Private Limited vs Acc Limited And Anr on 18 June, 2019

Bench: G.S. Kulkarni

pvr 1 26carapl134-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

Commercial Arbitration Application (L) NO.134 OF 2019

Par Air Private Limited ...Applicant
Versus
ACC Limited And Anr ...Respondents
---
Ms.Charushila More, Ms.Padmaja Dholakia I/b. Dholakia Law Associates,
for the Applicant.

Mr.Rahil Jhaveri & R.P.Shirole I/b. Khare Legal Chambers, for Respondent
Nos.1 and 2.
-----
CORAM : G.S. KULKARNI, J.

DATE : 18 June 2019
---
P.C.

1. Heard the learned Counsel for the parties.

2. This is a petition filed under Section 11 of the Arbitration and

Conciliation Act,1996 whereby the applicant has prayed for appointment

of an arbitral tribunal to adjudicate the disputes and differences which

have arisen between the parties under the Determination of Bulk Flying

Contract, entered into between the parties on 22 April 2016.

3. After this application was heard on earlier occasion and today,

learned Counsel for the respondents submits that his client has no

objection for an arbitral tribunal to be appointed, to adjudicate the

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disputes and differences between the parties.

4. In view of the above consensus the application is required to be

disposed of in the following terms:-

ORDER

(i) Smt.Justice Mridula Bhatkar, Former judge of this Court is appointed as an arbitrator to adjudicate the disputes between the parties which have arisen under "Determination of Bulk Flying Contract" dated 22 April 2016;

(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 & 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 the fees as prescribed under the Bombay High Court (Fees Payable to Arbitrators) Rules,2018.

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

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

 (vi)     The application is disposed of in the above terms. No costs.

(vii) Office to forward a copy of this order to the learned Arbitrator on the following address:

Flat No.501, "Saket", Near Balmohan Vidyamandir, Dr.M.B.Raut Marg, Shivaji Park, Dadar (West), Mumbai - 400028 Mobile No. 9320691980 E-mail: [email protected] (G.S.Kulkarni, J.) ::: Uploaded on - 24/06/2019 ::: Downloaded on - 14/07/2019 04:45:40 :::

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