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2021 Supreme(Bom) 582

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT GOA
M.S. Sonak, J.
Messrs Magnum Resorts - Appellant
Versus
Mypreferred Transformation & Hospitality Private Ltd. - Respondent
Stamp Number Main No. 1369 of 2020
Decided On : 21-01-2021

Advocates appeared:
Neha Mehta, Advocate, Viren Miskita, Advocate, R. Menezes, Advocate, A. Gosavi, Advocate, R.G. Ramani, Advocate

The court has the authority to appoint an arbitrator in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

Headnote:

Arbitration - Appointment of Arbitrator - The court appointed Mr. R. G. Ramani as an Arbitrator to adjudicate the disputes and differences between the parties in accordance with the Arbitration and Conciliation Act, 1996.

Fact of the Case:

The issues relating to stamping of the agreement have been sorted out. The parties proposed the appointment of Mr. R. G. Ramani as an Arbitrator to adjudicate the disputes and differences.

Finding of the Court:

The court appointed Mr. R. G. Ramani as an Arbitrator to adjudicate the disputes and differences between the parties. The appointment and payment of fees will abide by the provisions of the Arbitration and Conciliation Act, 1996.

Issues: Appointment of Arbitrator

Ratio Decidendi: The court relied on Section 11(8) of the Arbitration and Conciliation Act, 1996 to appoint Mr. R. G. Ramani as an Arbitrator.

Final Decision: The application for appointment of arbitrator is disposed of in the aforesaid terms. There shall be no order as to costs.

JUDGMENT

M. S. Sonak, J. - Heard Ms. Neha Mehta, learned counsel for the Applicant and Mr. A. Gosavi, learned counsel for the Respondent.

2. By now, the issues relating to stamping of the agreement have been sorted out and the learned counsel for the parties proposed that Mr. R. G. Ramani, learned Senior Advocate of this Court be appointed as an Arbitrator to adjudicate the disputes and differences which have arisen between the parties.

3. Mr. Ramani, who is present in the Court, upon examining the case papers states that he will have no difficulties in taking up this matter in case he is appointed as an Arbitrator. He however states that the statement of disclosure in terms of Section 11(8) of the Arbitration and Conciliation Act, 1996 ( the said Act ) will be filed by him latest by tomorrow.

4. Accordingly, Mr. Ramani, learned Senior Advocate of this Court is appointed as an Arbitrator to adjudicate into the disputes and differences which have been arisen between the parties in this matter. The appointment of arbitrator including the payment of fees will abide by the provisions of the said Act as also the Rules that have been framed for this purpose.

5. The application for appointment of arbitrator is disposed of in the aforesaid terms. There shall be no order as to costs.

6. All concerned to act on the basis of the authenticated copy of this order.

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