Hermes Ship Management Pvt. Ltd vs Euro Marine Shipping Services ...
2022 Latest Caselaw 5217 Bom

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        ORDINARY ORIGINAL CIVIL JURISDICTION
                                            IN ITS COMMERCIAL DIVISION


                                       SUMMONS FOR JUDGMENT NO.56 OF 2019
                                                          IN
                                     COMMERCIAL SUMMARY SUIT NO.344 OF 2019


                    Hermes Ship Management Pvt. Ltd.                    .. Plaintiff
                             v/s.
                    Euro Marine Shipping Services Pvt.Ltd.              .. Defendant



                    Ms. Bharati Narichania i/b. Vibha Juris Consultant Co. for the plaintiff.
                    Mr. Kunal Vaishnav a/w Prerna Verma a/w Jitendra C. i/b. Sapana
                    Rachure for the defendant.


                                                            CORAM : A. K. MENON, J.

DATED : 9TH JUNE, 2022.

P.C. :

1. At the hearing of the Summons for Judgment, both learned

counsel state that they are now agreed that disputes and

differences between them forming subject matter of the suit

including matters in respect of which leave under Order XXXVII

Rule 2 have been granted, shall be referred to sole arbitration by

consent of Mr. Prathamesh Kamat, Advocate.

Digitally signed by SANDHYA SANDHYA BHAGU

BHAGU WADHWA WADHWA Date:

2022.06.10 17:12:53 +0530

9.sj-56-19.doc wadhwa

2. In view of the same, I pass the following order;

(i) By consent, Mr. Prathamesh Kamat, Advocate, is appointed as

Sole Arbitrator to adjudicate the disputes between the parties.

(ii) The learned Arbitrator is requested to file his disclosure statement

under Section 11(8) and Section 12(1) within four weeks with the

Prothonotary and Senior Master and provide copies to the parties.

(iii) Parties to appear before the Sole Arbitrator on a date to be fixed

by him at his earliest convenience.

(iv) Fees payable to the Sole Arbitrator will be in accordance with the

Bombay High Court (Fee Payable to Arbitrators) Rules, 2018.

(v) It is made clear that costs shall be shared equally in the first

instance.

(vi) All the rights and contentions of the parties are kept open that this

court has not examined the merits of the case.

(vii) It will be open to the plaintiff to adjudicate all its claims before

the tribunal.

(viii) Suit is disposed in the above terms.

(ix) Refund of court fees, if any, as per rules.

(x) In view of the disposal of the Suit, Summons for Judgment does

not survive, same is also disposed.

(xi) All concerned to act on an authenticated copy of this order.

(A. K. MENON, J.)

9.sj-56-19.doc wadhwa