ARBP 40-19.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO. 40 OF 2019
Krishanlal S. Attkan .Petitioner
Vs.
Union of India & anr. .Respondents
Mr. A. Thakur i/b. Global Juris Consults, Advocate, for the Petitioner
Mr. T. J. Pandian, Advocate, for the Respondent
CORAM : G. S. Kulkarni, J.
DATE : 24.01.2019
P.C.
. Heard learned counsel for the parties.
2. This is a Petition under Section 9 of the Arbitration and
Conciliation Act, 1996, whereby the Petitioner has prayed for interim
reliefs pending arbitration proceedings. The case of the Petitioner is
that the disputes and differences between the parties have arisen and
that the Agreement dated 24.04.2017 which was for pay and park site
outside Mulund (W), Railway Station, Mumbai.
3. After this Petition was heard on the earlier two occassions,
learned counsel for the parties are agreeable that the disputes be
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adjudicated by appointing an Arbitral Tribunal and that this Petition
under Section 9 of the Arbitration and Conciliation Act can be treated
as the Application under Section 17 of the Act.
4. In view of the above consensus, this Petition can be
disposed of by the following order :-
O R D E R
(i) Mrs. Savita Ganu is appointed as a prospective Arbitrator to adjudicate the disputes between the parties under the Agreement dated 24.04.2017.
(ii) The prospective Arbitrator fifteen days before entering a reference shall make a disclosure as per requirement of section 11(8) read with section 12(1) of the Act, 1996 and shall forward a copy to the Prothonotary and Senior Master of this Court to be placed on record of this application as also be forwarded to the parties.
(iii) At the first instance, the parties are directed to appear before the prospective Arbitrator on 07.02.2019 on a time as may be fixed by the prospective Arbitrator.
(iv) Arbitration Petition No. 40 of 2019 filed by the Petitioner under section 9 of the Act shall be treated as an Application under section 17 of the Act to be adjudicated upon by the prospective Arbitrator.
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(v) All contentions of the parties on merits of the matter are kept open.
5. The Petition is disposed of in above terms. No costs.
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