M/S Sanjay Gahukar Travels ... vs South East Central Railway ...
2017 Latest Caselaw 9044 Bom

                                                  1




        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

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