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2019 Supreme(Bom) 745

G.S.KULKARNI
SAP INDIA PRIVATE LIMITED – Appellant
Versus
COX AND KINGS LIMITED – Respondent


Advocates:
Advocate Appeared:
Navroz Seervai, Adv., Akash Rebello, Adv., Farhad Sorabjee, Adv., Pratik Pawar, Adv., Shanaya Cyrus Irani, Adv., Siddhesh S Pradhan, Adv., J. Sagar Associates, Adv., Rampal Singh Kohli, Adv., Vikram Chavan, Adv., Jatin Sahai, Adv., Preeti Limbachiya, Adv., Ayesha Keshorwalla, Adv., Prasad Avhad, Adv., Dhvani Jain, Adv., C.K. Legal, Adv.

JUDGMENT :

G.S. KULKARNI, J.

1. This is an application under Section 11 read with Section 14 and 15 of the Arbitration and Conciliation Act, 1996 (for short 'the Act'), whereby the petitioner prays for appointment of a substitute arbitrator on behalf of the respondent, in place of the arbitrator previously appointed by the Court by an order passed under Section 11(6) of the Act.

2. The relevant facts are required to be noted:-

An agreement dated 30 October 2015 was entered between the petitioner and the respondent titled as "Services General Terms and Conditions Agreement" (for short 'the said agreement'). Clause 15.7 of the said agreement is the arbitration agreement between the parties whereunder the parties agreed to refer the disputes for adjudication by a panel of three arbitrators. The arbitration clause reads thus:-

"15.7. Dispute Resolution. In the event of any dispute of difference arising out of the subject matter of this Agreement, the parties shall undertake to resolve such disputes amicably. If disputes and differences cannot be settled amicably then such disputes shall be referred to bench of three arbitrators, where each party will nominate one arbitrator and the two arbi





















































































































































































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