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2021 DIGILAW 136 (BOM)

Umakant Rama Adconcar v. Arun Umakant Adkonkar

2021-01-21

M.S.SONAK

body2021
JUDGMENT M. S. Sonak, J. - This is an application for appointment of arbitrator made under Section 11 of the Arbitration and Conciliation Act, 1996 ( the said Act ). 2. With regard to the very dispute in respect of which the appointment of arbitrator is applied for, this Court has made the order on 3rd May, 2019 disposing of the application for appointment of arbitrator No.1 of 2019. The said order dated 3rd May, 2019 reads as follows :- "1. Pursuant to the order passed by this Court on the last date, Shri P.V. Kamat, Prospective Arbitrator has filed Statement of Disclosure under Section 11(8), read with Section 12(1) of the Arbitration and Conciliation Act, 1996. 2. There is no dispute about the existence of arbitration agreement. Shri P.V. Kamat, former District Judge, North Goa, Panaji is appointed as the sole arbitrator. Both the parties shall pay the fees and expenses of the learned arbitrator equally at the first instance. 3. All contentions on merits are kept open. The applicant is directed to convey this order to the learned Arbitrator for compliance and for information. 4. The application is disposed of on the aforesaid terms. There shall be no order as to costs. 5. Parties to act on authenticated copy of this order. 3. After the order was made, Mr. P. V. Kamat, former District Judge, North Goa, Panaji, expressed difficulties to proceed to act as an Arbitrator in this matter on account of his appointment as a member of the Real Estate Regulatory Authority (RERA). The learned counsel for the parties point out that thereafter Mr. P. V. Kamat has been appointed as a member of the Goa Human Rights Commission and is functioning as such. 4. The learned counsel for the parties therefore seek appointment of any other person as an Arbitrator to adjudicate into the disputes and differences which have been arisen between the parties. 5. The learned counsel for the parties, on the basis of the instructions have proposed the name of Mr. V. Menezes, Advocate of this Court to be appointed as an Arbitrator in the matter. Mr. Menezes, who is present in the Court has examined the matter in order to ascertain whether he might have any difficulties to act as an Arbitrator in this matter. V. Menezes, Advocate of this Court to be appointed as an Arbitrator in the matter. Mr. Menezes, who is present in the Court has examined the matter in order to ascertain whether he might have any difficulties to act as an Arbitrator in this matter. He states that there will be no difficulties to act as an Arbitrator and he will file necessary statement of disclosure latest by tomorrow. 6. Accordingly, Mr. Menezes is appointed as an Arbitrator to adjudicate into the differences and disputes which have been arisen between the parties subject to his filing necessary statement of disclosure in this Court in terms of Section 11(8) of the said Act. 7. The terms and fees of the Arbitrator shall abide by the provisions of the said Act and Rules that have been framed for this purpose. 8. The application for appointment of arbitrator is accordingly disposed of. There shall be no order as to costs. 9. All concerned to act on the basis of the authenticated copy of this order.