ARBAPPL/167/2014 of OBEK INFRASTRUCTURES, Vs Mr. Masood Miya, on 31 December 2015

HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE

Arbitration ApplicationNo.167 of 2014

Dt:31.12.2015

Between:

Obek Infrastructures.

… Applicant

And

Mr.Masood Miya and others.

…

Respondents

HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALEArbitration ApplicationNo.167 of 2015

PC:

Heard learned counsel for the parties.

Mr.Krishnam Raju, learned counsel for the respondents, at theoutset, submits that the respondents have no objection for appointingSri B.Chandra Kumar, a retired judge of this Court as an Arbitrator forresolving the dispute between the applicant and the respondents.

Clause 32 of the agreement, dated 27.10.2008, providesappointment of two Arbitrators, one to be appointed by each party andtwo Arbitrators to appoint the third Arbitrator, who shall act asPresiding Arbitrator. Despite this clause, learned counsel for theparties state that the parties have agreed for reference to the soleArbitrator, Sri B.Chandra Kumar, a retired Judge of this Court.

Sri Justice B.Chandra Kumar is accordingly appointed as soleArbitrator by consent of the parties. Learned Arbitrator shall fix hisremuneration upon deliberation and consultation with the parties. Thecosts and expenses of the secretarial assistance of the arbitrationproceedings shall also be determined by the learned Arbitrator. Eachparty will bear the expenses of the arbitration proceedings in allrespects in equal share. I desire that learned Arbitrator shall complete the arbitration proceedings by making publication of Awardwithin a period of six months from the date of entering uponreference. The Arbitrator shall as far as possible hold arbitrationmeetings in the arbitration centre in the High Court premises, ‘C’Block.

The Arbitration Application is accordingly disposed of.

_________________________

DILIP B. BHOSALE, ACJ

Dt:31.12.2015kdl