✦ Bombay High Court · 11 Feb 2005

Nishiland Park ltd v. Pepsi Cola India Marketing Co. Ltd

Arbitration Application No. 153 of 2004

Case at a glance

Decided
11 Feb 2005

Provisions considered

Key paragraphs

  • Para 44. The Hon' ble Mr. Justice B. P. Saraf, retired Chief Justice of Jammu & Kashmir High Court, is requested to accept this arbitration. He would be at liberty to fix his own fees. This application is accordingly

Judgment

Mr. Ajay Panicker for the applicants. P.C. CORAM: DALVEER BHANDARI, C.J. DATE: FEBRUARY 11, 2005 The learned counsel for the applicant submits that respondents have been served three times. Despite service, no one is present.

2.

The learned counsel pointed out clause 10.1 of the agreement dated 1st February, 1999. The same reads as under:

10.1 Any dispute or difference or claim arising out of or in relation to this agreement including the construction, validity, performance or breach thereof which the parties cannot settle by mutual agreement shall be settled by arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996 and any statutory amendments thereto from time to -2- time.

3.

The learned counsel further submits that since disputes have arisen between the parties, the same be referred to an arbitration of a retired Judge of this Court. I deem it appropriate to refer these disputes to a retired Judge of this Court.

4.

The Hon' ble Mr. Justice B. P. Saraf, retired Chief Justice of Jammu & Kashmir High Court, is requested to accept this arbitration. He would be at liberty to fix his own fees. This application is accordingly

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Arbitration Application No. 153 of 2004). ← Search more judgments