Bombay High Court
Xylem Water Solutions India Pvt. ... vs North Bengal Floritech on 5 October, 2021
Bench: B.P. Colabawalla
75-CARAP-137-21-w-ARBAP(L)-16156-2021.doc
GANESH
SUBHASH
LOKHANDE IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by ORDINARY ORIGINAL CIVIL JURISDICTION
GANESH SUBHASH
LOKHANDE
Date: 2021.10.06
19:04:00 +0530
IN ITS COMMERCIAL DIVISION
COMMERCIAL ARBITRATION APPLICATION NO. 137 OF 2021
Utpal Banerjee .. Applicant
Vs.
Xylem Water Solutions India Pvt. Ltd. .. Respondent
WITH
ARBITRATION APPLICATION (L) NO. 16156 OF 2021
Xylem Water Solutions India Pvt. Ltd .. Applicant
Vs.
North Bengal Floritech .. Respondent
Mr.Devasis Mitra i/b. Rajdeep Lahiri for the Applicant in
CARAP/137/2021 & for the Respondent in ARBAP(L)/16156/2021.
Ms.Kunjal Patil for the Respondent in CARAP/137/2021 & for the
Applicant in ARBAP(L)/16156/2021.
CORAM :- B.P.COLABAWALLA, J.
DATE :- 5th OCTOBER, 2021.
P. C.:
1. Both the above Applications are filed under Section 11 of the
Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act")
seeking the appointment of a Sole Arbitrator to decide the disputes and
differences between the parties arising out of the Distributor Agreement
dated 29th February, 2016. The Arbitration Agreement between the
parties can be found at Clause 26 which reads thus:
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75-CARAP-137-21-w-ARBAP(L)-16156-2021.doc
" 26. ARBITRATION
Any controversy or claim arising out of or related to this Agreement or
the breach thereof shall be resolved if possible by negotiations between
Manufacturer and the Distributor. If such negotiations do not resolve the
controversy or claim, then the claim or controversy shall be finally
settled by conciliation or arbitration in the English language.
Conciliation or arbitration shall be held in Mumbai, India, as per the
Arbitration and Conciliation Act, 1996 and rules thereto. Judgment
upon an arbitration award may be entered in any court having
jurisdiction or application for a judicial acceptance of the arbitration
award or an order of enforcement as the case may be. Costs of
arbitration shall be borne equally by the Parties. Notwithstanding the
foregoing, either Party may apply to a court of competent jurisdiction
for the imposition of an equitable remedy (such as a restraining order or
injunction) upon a showing of the elements to sustain such remedy."
2. Neither party has disputed the existence and the validity of
the Arbitration Agreement. The disputes arise out of only this
Agreement and the above two Applications are cross Applications for
appointment of a Sole Arbitrator.
3. Both parties have also agreed that Mr.Amit R. Shinde, an
advocate of this Court, having his office address: 377/2, Shridhar
Bhavan, Ram Mandir Road, Khar Danda, Khar (W), Mumbai - 400 052,
Mobile No. 8080341042, be appointed as the Sole Arbitrator to
adjudicate the disputes and differences between the parties arising out
the Distributor Agreement dated 29th February, 2016.
4. It is also agreed between the parties that before the Arbitral
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75-CARAP-137-21-w-ARBAP(L)-16156-2021.doc
Tribunal, Xylem Water Solutions India Pvt. Ltd will be the Claimant and
Mr.Utpal Banerjee, shall be the Respondent.
5. In view of the aforesaid stand of the parties, the following
order is passed:
(a) By consent Mr.Amit R. Shinde an advocate of this Court, having
his office address: 377/2, Shridhar Bhavan, Ram Mandir Road,
Khar Danda, Khar (W), Mumbai - 400 052, Mobile No.
8080341042, is hereby appointed to act as a Sole Arbitrator to
decide the disputes and differences between Xylem Water
Solutions India Pvt. Ltd and Mr.Utpal Banerjee arising out of
and/or in connection with and/or in relation to the Distributor
Agreement dated 29th February, 2016.
(b) A copy of this order will be communicated to the learned Sole
Arbitrator by the advocates for Xylem Water Solutions India Pvt.
Ltd within a period of one week from today.
(c) The learned Sole Arbitrator is requested to forward his Statement
of Disclosure under Section 11 (8) read with Section 12 (1) of the
Arbitration Act to the advocates for Xylem Water Solutions India
Pvt. Ltd so as to enable them to file the same in the Registry of
this Court. The Registry of this Court shall retain the said
Statement on the file of these Applications and a copy of the same
shall be furnished by the advocates for Xylem Water Solutions
India Pvt. Ltd to the advocates for Mr.Utpal Banerjee.
(d) The parties shall appear before the learned Sole Arbitrator on
such date and at such place as he nominates to obtain appropriate
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75-CARAP-137-21-w-ARBAP(L)-16156-2021.doc
directions with regard to fixing a schedule for completing
pleadings etc. The Arbitral Tribunal shall give all further
directions with reference to the arbitration and also as to how it is
to proceed.
(e) Contact and communication particulars shall be provided by both
sides to the learned Sole Arbitrator within a period of one week
from today. This information shall include a valid and functional
email address as well as mobile numbers of the respective
advocates.
(f) The parties have agreed that all arbitral costs and fees of the
Arbitrator will be borne by the parties equally, subject to the final
Award that may be passed by the Tribunal.
(g) The parties immediately consent to a further extension of up to
six months to complete the Arbitration should the learned Sole
Arbitrator find it necessary.
(h) The parties have agreed that the venue and seat of the arbitration
will be in Mumbai.
6. Both the above Arbitration Applications are disposed of in
the aforesaid terms.
7. All parties to act on an authenticated copy of this order
digitally signed by the Personal Assistant /Private Secretary/Associate
of this Court.
(B. P. COLABAWALLA, J.)
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