Krishanlal S Attkan vs Union Of India And Anr
2019 Latest Caselaw 58 Bom

                                                                                 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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                                                                         ARBP 40-19.doc


 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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ARBP 40-19.doc

(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.

(G. S. Kulkarni, J.)

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