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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.P. Lavande, J
Ignatius Tony Pereira v. Pifran Sanjivan Fernandes
| Table of Content |
|---|
| 1. application for appointing an arbitrator after the previous one expired. (Para 1 , 2 , 3) |
| 2. counterarguments on necessity and procedure of appointing a new arbitrator. (Para 4 , 5 , 6) |
| 3. judicial observations on existing case laws related to arbitrator appointment. (Para 7 , 8) |
| 4. entitlement to appoint substitute arbitrator confirmed by the court. (Para 9) |
| 5. final appointment of justice a.p. lavande as the sole arbitrator. (Para 10 , 11) |
1. This is an application under S.11(6) of The Arbitration and Concilliation Act, 1996, (for short, the said Act), for appointment of the Arbitrator.
2. Briefly, the facts of the case relating to decide the above Application are that based on an Arbitration Clause in the Deed of Partnership executed between the parties on 20.03.1996, an application was filed before this Court for appointment of Arbitrator under S.11(6) of the said Act.
3. By an Order dated 30.08.2011, Justice G.D. Kamat, retired Chief Justice of Gujarat High Court, was appointed as the Sole Arbitrator to adjudicate the dispute between the parties. Thereafter, the said Arbitrator expired and, consequently, the above application was filed by the Applicant to appoint a
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