M/S. Wood Fun E., Andheri (E), Thr. ... vs Nagpur Municipal Corporation, ...
2017 Latest Caselaw 7234 Bom

(Judgment) 1509  MCA 236-2016                                                                             1/3

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               NAGPUR BENCH AT NAGPUR.


                            MISC. CIVIL APPLICATION NO. 236/2016


                M/s. Wood Fun E,
                13/14, Sukhadayak Society,
                J.B. Nagar, Andheri (E),
                Through its Partner,
                Shri G.B. Makhne.                                                     APPLICANT


                                                   .....VERSUS.....


                Nagpur Municipal Corporation,
                Civil Lines, Nagpur,
                Through Municipal Commissioner.                                       RESPONDENT


                                Shri M.R. Pillai, counsel for applicant.
                                Smt. S.S. Jachak, counsel for respondent.


                                CORAM:  S.B. SHUKRE, J.

                                DATE    : SEPTEMBER 15, 2017.
                 

                                ORAL JUDGMENT :  


                                                     Heard. 



                                     2]              Rule. Rule made returnable forthwith.



                                     3]              Heard finally by consent.





 (Judgment) 1509  MCA 236-2016                                                                          2/3

                                4]            There is no dispute between the parties about

existence of an arbitral dispute in this case. Therefore,

both parties filed on record joint pursis suggesting

names of three learned Retired District Judges, who are

on the panel of Arbitrators. Shri M.P. Kukdey, Retired

District Judge, could be appointed as an Arbitrator in the

present case, for which, both sides do not have any

objection.

5] Accordingly, application is allowed.

6] Shri M.P. Kukdey, Retired District Judge, is

appointed as an Arbitrator in this case.

7] The applicant and the respondent shall

deposit, in this Court, an amount of Rs.10,000/- each

towards processing fees, within four weeks from the date

of the order.

8] If there is failure on the part of the applicant,

to deposit an amount of Rs.10,000/- as processing fees

within stipulated time, this application shall stand

dismissed without reference to this Court.

(Judgment) 1509 MCA 236-2016 3/3

9] On the other hand, if there is failure on the

part of the respondents, to deposit an amount of

Rs.10,000/- as processing fees within stipulated time,

the respondent shall be liable to pay penal interest at the

rate of 2% per month on Rs.10,000/-, which shall be

liable to be recovered from it at the time of final disposal

of the arbitral proceedings, in accordance with law and

benefit of it shall be made over to the applicant.

                                10]           No costs.



                                11]           Rule is made absolute, in the above terms.




                                                                                JUDGE 
                               Yenurkar