PANKAJ JANARDAN MHATRE Vs. RASHMI ENTERPRISES

JUDGEMENT

(1.) By order dtd. 10/01/2023, passed in exercise of power conferred under Sub-sec. (6) of Sec. 11 of Arbitration and Conciliation Act , 1996, one Mr. Y.S Dhuduskar, IOI, B Wing, JOE Apartment, Edulji Road, near Sharma Dairy, Thane, was appointed as a Sole Arbitrator to resolve the dispute that arose between the parties out of the Development Agreement.

(2.) In furtherance of the said appointment, the applicant addressed a communication to Mr. Yashwant Dudushkar, to make a disclosure in terms of Sec. 12 read along with schedules 5 and 7 of the Arbitration and Conciliation Act , but despite expiry of time, there is no response from the Arbitrator. The above event has constrained the applicant to seek his substitution and the counsel for the respondent joined hands with the counsel for the applicant in submitting that let the arbitrator be substituted so that the reference can be entered into by the newly appointed arbitrator on urgent basis.