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2018 Supreme(Bom) 299

B.P.COLABAWALLA
Coastal Marine Construction and Engineering Limited – Appellant
Versus
Garware-Wall Ropes Limited – Respondent


Advocates Appeared:
For the Petitioner:Ridhi Nyati I/b Ashwin Shanker, Advocates.
For the Respondent:Ashish Kamat a/w Kunal Mehta, Yasmin Godrej, Priyanka Deshmukh I/b Crawford Bayley & Co, Advocates.

JUDGMENT :

B.P. Colabawalla, J.

1. This Arbitration Petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking the appointment of a sole Arbitrator to adjudicate upon the disputes which have been arisen between the Petitioner and the Respondent under the sub-contract dated 14th June, 2013. There is no dispute that this sub-contract contains an arbitration clause which inter alia states that any and all claims, disputes, questions or controversies involving the parties and arising in connection with this Agreement or execution, interpretation, validity, performance, termination and which cannot be finally resolved by such parties through negotiations, shall be resolved by a final and binding arbitration to be held in Pune. The Arbitration Clause further provides that the disputes shall be referred to a Sole Arbitrator to be appointed by the Petitioner and the Respondent jointly. This matter was argued before me on 5th February, 2018 and the parties asked for time till 20th February, 2018 to file written submissions. Accordingly, both parties have also filed written submissions before me. Before I deal with the rival contentions it would be appropria








































































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