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2021 Supreme(Guj) 287

BELA M.TRIVEDI
Alphard Maritime Pvt. Ltd. – Appellant
Versus
Malara Enterprises – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Ashwin Shankar With Mr Rishi Murar Kp For Ms Paurami B.Sheth
For the Respondent: Mr. Parth Contractor

JUDGMENT :

1. The petitioner M/s. Alphard Maritime Pvt. Ltd., has preferred the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the said Act”), seeking following prayer:

    “18. a. Appoint an independent Arbitrator for the purpose of resolving the dispute arose between the petitioner and the respondents under the Arbitration and Conciliation Act, 1996 (for short “the Act”) read with the Arbitration and Conciliation (Amendment) Act, 2019, No.33 of 2019.”

2. As per the case of the petitioner, the petitioner is a Company incorporated in India and is an owner of various tugs, barges and offshore vessels. The petitioner is the owner of the barge A M Abhik, on which the dry docking services were provided by the respondents, who belong to Malara firm, a proprietary firm of the Proprietor Mr.Ashish S. Joshi, the respondent No. 2 herein. The further case of the petitioner, as stated in the petition, is that the petitioner required dry docking services for the barge involved in the present dispute, for which the respondent No.2 had approached the petitioner with a quotation for the dry dock repairs of the barge at Sikka Port on behalf of

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