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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
Misc. Civil Application (Arbn) No. 415 of 2017
Applicant : M/s Sanjay Gahukar Travels, through its
Proprietor, Sanjay son of Namdev Gahukar,
aged about 52 years, Occ: Driver, resident of
Plot No. 8, Ayodhya Nagar, Near Sai Mandir,
Nagpur
Versus
Respondent: South East Central Railway (SERC), Nagpur,
through Divisional Managr (Operating), Nagpur
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Shri R. D. Hajare, Advocate for applicant Shri Vandan Gadkari, Advocate for respodnent Coram : S. B. Shukre, J Dated : 24th November 2017 Oral Judgment
1. Rule. Heard forthwith by consent of parties.
2. There is an arbitration clause in the general terms of contract applicable to the Work Order issued to the applicant. The Arbitrator, as per this clause, has not been appointed by the respondent. The disputed amount is about Rs. 5 lacs or it could be somewhat higher. So, I am of the view that in the present case, the Arbitrator could be appointed under ::: Uploaded on - 27/11/2017 ::: Downloaded on - 29/11/2017 01:18:07 ::: 2 Section 11 of the Arbitration and Conciliation Act, 1996. Learned counsel for the respondent has no objection if Arbitrator is appointed.
3. In the result, application is allowed. Both the sides shall suggest at least one name of a qualified person to be appointed as Arbitrator in the matter and on submission of such name, order regarding appointment of a particular person as Arbitrator in the matter will be made by this Court. Needless to mention that the appointed Arbitrator shall have to make disclosure statement in terms of Section 12 of the Act before he takes up the dispute for arbitration. Applicant shall deposit Rs. 5000/- towards fees of Arbitrator and the appointment order of the Arbitrator shall be issued only after such deposit is made, which should be within four weeks from the date of order, failing which this application shall stand dismissed automatically without reference to the Court.
Rule is made absolute in the above terms. No costs. Matter be listed after ten days to enable the parties to suggest qualified person to be appointed as Arbitrator and this Court will accordingly pass appropriate order.
S. B. SHUKRE, J joshi ::: Uploaded on - 27/11/2017 ::: Downloaded on - 29/11/2017 01:18:07 :::