28-ARP-72-2021.DOC

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

ARBITRATION PETITION NO. 72 OF 2021

Anshul Shetty

…Petitioner

Versus

Vishwajeet Singh Raghunathraje Naik Nimbalkar

& Anr

…Respondents

Mr Hitesh P Vyas, for the Petitioner.

None for the Respondents.

CORAM:G.S. PATEL, J

DATED: 29th September 2021

PC:-

1.

The service report indicates that, pursuant to the order of 4th

February 2021 of Hon’ble Mr Justice AK Menon, notice has been

served. None appears for the Respondents. On one previous

occasion on 6th April 2021, Mr Udane appeared but said that the

Advocate on record had been hospitalised. As of today, there is no

vakalatnama on behalf of the Respondents. Matters cannot be

delayed indefinitely like this. There is also an Afdavit of Service.

2.

The dispute is a partnership dispute. There is an LLP

Agreement dated 27th September 2018. It has an arbitration clause

at page 21, paragraph 49. This says that disputes that are not settled

Page 1 of 5

29th September 2021

ARUN

RAMCHNDRA

SANKPAL

Digitally signed by

ARUN RAMCHNDRA

SANKPAL

Date: 2021.09.30

10:26:52 +0530

28-ARP-72-2021.DOC

through negotiations are to be referred to the arbitration of a sole

Arbitrator. The venue of this arbitration is to be in Pune.

3.

The Notice dated 14th September 2020 issued by the

Petitioner and the responses of 29th September 2020 and 12th

October 2020 from the Respondent indicate the existence of

disputes that directly arise from the LLP Agreement document. The

existence of the clause is not disputed. That there are disputes that

requires settlement or resolution is also not disputed.

4.

Since the arbitration is in Pune, I will request Hon’ble Dr Smt

Justice Shalini Phansalkar-Joshi to accept the appointment as a sole

Arbitrator to decide the disputes and diferences between the parties

under LLP Agreement dated 27th September 2018

TERMS OF APPOINTMENT

(a) Appointment of Arbitrator: The Hon’ble Dr Smt

Justice Shalini Phansalkar-Joshi, is hereby nominated to

act as a Sole Arbitrator to decide the disputes and

diferences between the parties under LLP Agreement

dated 27th September 2018

(b) Communication to Arbitrator of this order:

(i)

A copy of this order will be communicated to

the learned Sole Arbitrator by the Advocates

for the Petitioner within one week from the

date this order is uploaded.

Page 2 of 5

29th September 2021

28-ARP-72-2021.DOC

(ii)

The Advocates for the Petitioner will forward

an ordinary copy of this order to the learned

Sole Arbitrator at the following postal and

email addresses:

Arbitrator

Hon’ble Dr Smt Justice

Shalini Phansalkar-Joshi

Address

Bungalow No.12

Bhagya Chintamani Society

Opposite Kachra Depot

Paud Road, Kothrud

Pune 400 411.

Mobile

9657188676

Email

phansalkarjoshi@gmail.com

(c) Disclosure: The learned Sole Arbitrator is requested to

forward, in hard copy or soft copy (or both), the

necessary statement of disclosure under Section 11(8)

read with Section 12(1) of the Arbitration Act to

Advocates for the parties as soon as possible. The

Advocates for the Petitioner will arrange to file the

original statement in the Registry. If the statement is

forwarded in soft copy, a print out of the covering email

is also to be filed in the registry.

(d) Appearance before the Arbitrator: Parties will appear

before the learned Sole Arbitrator on such date and at

such place as the learned Sole Arbitrator nominates to

obtain appropriate directions in regard to fixing a

schedule for completing pleadings, etc.

Page 3 of 5

29th September 2021

28-ARP-72-2021.DOC

(e) Contact/communication information of the parties:

Contact and communication particulars are to be

provided by both sides to the learned Sole Arbitrator.

The information is to include functional email

addresses and mobile numbers.

(f) Section 16 application: The respondent is at liberty to

raise all questions of jurisdiction within the meaning of

section 16 of the Arbitration Act. All