Bombay High Court
Shri. Shailendra S/O. ... vs M/S. Vidarbha Distillers, Nagpur ... on 5 May, 2016
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
MISCELLANEOUS CIVIL APPLICATION NO.291/2016
1. Shri Shailendra s/o Kailashchandra Sahu.
2. Shri Rajiv s/o Kailashchandra Sahu.
3. Shri Manoj s/o Kailashchandra Sahu.
Distillers, Nagpur.
All Partners in the firm M/s. Vidarbha
..Applicants.
..Versus..
1. M/s. Vidarbha Distillers,
registered Partnership Firm having
its place of business on Kamptee Road,
Nagpur.
2. Shri Aspi s/o Dinshaw Bapuna.
3. Shri Abad s/o Dinshaw Bapuna.
4. Shri Adil s/o Dinshaw Bapuna.
Partners Nos. 2 to 4 of M/s. Vidarbha
Distillers and resident of 'Banaz"
Byramji Town, Nagpur.
5. Smt. Situ wd/o Shri Vinodkumar Sahu.
6. Shri Sanjeev s/o Shri Vinodkumar Sahu.
7. Shri Rajesh s/o Shri Vinodkumar Sahu.
All R/o 198, 'Saket' Cement Road,
Dharampeth Extension, Nagpur - 10.
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8. Dr. Mrs. Vimal w/o Madhukarrao Wasnik,
R/o Kamptee Road, Nagpur. ..Non-applicants.
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Shri S.S. Khadse, Advocate for the applicant.
Shri K.N. Shukul, Advocate for the non-applicants 1 to 4.
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CORAM : Z.A. HAQ, J.
DATE : 5.5.2016
ORAL JUDGMENT
1.
Heard Shri S.S. Khadse, advocate for the applicant and Shri K.N. Shukul,
advocate for the non-applicants 1 to 4. None for the other non-applicants though
served.
2. Rule. Rule made returnable forthwith.
3. This Court had appointed Shri M.S. Deshpande, former Judge of this Court
as an Arbitrator to resolve the dispute between the parties, by the order dated 5 th
October, 2001. The learned Arbitrator has sent the communication dated 22 nd
December, 2015 to the Registry of this Court informing about his inability to continue
with the proceedings. In these circumstances, the applicants have approached this
Court for appointment of an Arbitrator.
4. There is no dispute that the matter between the parties is required to be
resolved by an Arbitrator.
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5. Hence, the following order:
(i) By an agreement between the parties, Shri D.S. Zoting - former Judge of this
Court is appointed as an Arbitrator to resolve the dispute between the parties.
(ii) The applicants and the non-applicants shall pay the fees of the learned
Arbitrator directly.
(iii) The applicants and the non-applicants shall deposit Rs.1,00,000/- (Rs. One
Lakh Only) each with the Registry of this Court within four weeks towards the
security of fees of the learned Arbitrator.
(iv) This amount shall be kept with the Registry of this Court till the arbitration
proceedings culminate.
(v) In addition, the applicants shall deposit Rs.10,000/- (Rs. Ten Thousand
Only) with the Registry of this Court within four weeks towards processing charges.
(vi) The learned advocate for the applicants states that the dispute between the
parties continues in every subsequent financial year and, therefore, it would be
appropriate to request the learned Arbitrator to consider the subsequent matter also.
The parties are at liberty to request the learned Arbitrator to consider the
subsequent disputes.
(vii) The application is allowed in the above terms.
JUDGE
Tambaskar.
