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2023 Supreme(Bom) 1787

MANISH PITALE
Rac Infra Rental Llp – Appellant
Versus
Karvy Digikonnect Ltd – Respondent


Advocates appeared:
Pritesh Burad, Advocate, Madhuri Gamre, Advocate, Samita Vaviya, Advocate, Yash Dadriwal, Advocate, Kersi Dastoor, Advocate

JUDGMENT/ORDER

1. Heard learned counsel for the parties.

2. By this application filed under Sec. 11 of the Arbitration and Conciliation Act, 1996, the applicant is seeking appointment of arbitrator on the basis that there is an arbitration agreement between the parties. It is submitted that in the facts and circumstances of the present case, a dispute has arisen between the parties. According to the applicant, certain amounts are due and payable to it from respondent No.1, in respect of which a notice invoking arbitration was issued to the respondents, which ultimately led to the applicant appointing a sole arbitrator.

2. According to the applicant, since a specific objection was raised on behalf of the respondents, on the basis that the arbitrator was unilaterally appointed, the arbitrator recused, necessitating filing of the present application.

3. The facts in the present case are in a narrow conspectus. According to the applicant, it is engaged in the business of renting various IT hardware equipments such as computers, laptops etc. Respondent No.1 had approached the applicant for taking such equipments on rent. In pursuance of the negotiations between the parties and the document

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