Bombay High Court
Parth Constructions vs Sanghvi Gruhanirman Pvt. Ltd on 11 October, 2018
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
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8CARAP216.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMM.ARBITRATION APPLICATION NO. 216 OF 2018
Parth Constructions ..... Applicant
VERSUS
Sanghavi Gruha Nirman Pvt. Ltd. & Ors. ..... Respondents
Mr.Harsh Deshpande for the Applicant.
None for the Respondents.
CORAM : R.D. DHANUKA, J.
DATE : 11th OCTOBER, 2018 P.C.
Learned counsel appearing for the applicant states that the respondents are served. Two affidavits of service are already filed. None appeared for the respondent when the matter was called out. No affidavit in reply is filed.
2. By this application filed under section 11(6) of the Arbitration and Conciliation Act, 1996 the applicant seeks appointment of the arbitrator by invoking clauses 12 and 13 of the two works order both dated 22nd July, 2009. The dispute arose between the parties. The applicant issued a notice invoking arbitration agreement dated 29 th September, 2017 calling upon the respondents to appoint one of the arbitrators suggested in the said notice. Though the said notice was received by the respondents, there was no response.
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3. A perusal of the work orders indicates that the arbitration agreement exist between the parties. Since the respondents did not nominate any arbitrator, this application filed under section 11(6) of the Arbitration and Conciliation Act, 1996 is maintainable. I propose to appoint Shri Justice J.P.Deodhar, a former Judge of this court as the sole arbitrator. His address is as under :-
311,Churchgate Chambers, 5, New Marine Lines, Next to American Centre, Churchgate, Mumbai - 400020
4. The learned prospective arbitrator is requested to file statement of disclosure under section 11(8) read with 12(1) of the Arbitration and Conciliation Act, 1996 before this court on or before the next date.
5. The applicant is directed to obtain such statement of disclosure from the learned prospective arbitrator and tender the same before this court on the next date.
6. Place the matter on Supplementary board for directions on 23rd October,2018.
7. The applicant is directed to convey this order to the learned prospective arbitrator.
[R.D. DHANUKA, J.] ::: Uploaded on - 16/10/2018 ::: Downloaded on - 17/10/2018 00:05:01 :::