Rajim Builders, a registered v. Bldg., Pajifond, Margao, Goa
Case at a glance
Provisions considered
Judgment
Rajim Builders, a registered partner s hip firm having its office at Rajim Classic, Martires Dias Road, Margao, Goa, represe nt- ed by its part ne r Mr. Moha m me d Akbar Jivani, busines s m a n , married r /o H.N.101 Chrismichelle Bldg., Pajifond, Margao, Goa. Versus
Mr. Jerry Oriculo Alex Braganc a, alias Jerry Braga nz a, alias Jerry Alex Braga nc a, and his wife ...Applicant
Mrs. Lavinia Braganc a, both r /o Angod, Mapus a, Bardez, Goa. ... Responde n t. Mr. M. B. D'Costa, Senior Advocate with Mr. J. A. Lobo, advocate for the applica nt. Ms. M. Conception, advocate for the responde n t s . CORAM : A. P. LAVANDE, J. DATE : 27th April, 200 5. ORAL ORDER Heard Mr. M. B. D'Costa, learned Senior Counsel with Mr. Lobo, for the applicant, Ms. Conception for the respon de n t s . This is an application for appoint m e n t of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The 2 applica nt and the responde n t s entered into an agreeme n t dated 11th November, 1994. Clause 37 of the said agreeme nt reads as under:- "C l. 37:- Any dispute between the parties hereto in respect of tran s a c tion herein entered into, shall be settled by referring them for arbitr ation of the Arbitrator, Adv. S.S. Rao whose decision in the matter will be final"
2. Advocate S. S. Rao who was chosen as Arbitrator by the parties has refused to act as Arbitrator. Therefore, the present application for appoint me n t of Arbitrator has been filed by the applicant in view of certain disputes that have arisen between the parties, purs u a n t to the said ageeemen t.
I appoint Shri Alvaro Noronh a de Ferreira, Retired District Judge residing at Miramar, Panaji, Goa, as the Arbitrator in respect of the disputes that have arisen between the parties. The applicant to deposit the processing fees of Rs. 3,000 / - within a period of two weeks from today. The application stan d s disposed of. A. P. LAVANDE, J. mc. 3
Questions this judgment answers
Which statutory provisions did this judgment involve?
Arbitration and Conciliation Act, 1996 — s. 11.
Which court decided this case, and when?
Bombay High Court, on 27 Apr 2005. The bench was A P LAVANDE.
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.