ORAL ORDER
Heard learned advocate Mr.J.F.Mehta for the petitioner and learned advocate Mr.Niket Modi on behalf of learned advocate Ms.Roma Fidelis for the respondent.
2. The present petition is filed under Section 11 of the Arbitration and Conciliation Act.
3. What is prayed is to appoint the Arbitrator to resolve the disputes which has arisen between the parties. It is the say of the petitioner that he is owner of the offices and those offices are leased to the opponent by executing a leave and license agreement. It was claimed that on account of non-payment of license fees by licensee, the dispute arose in relation to the leave and license agreement, the period of which is over. It is in this connection that the parties have prayed to appoint the Arbitrator.
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3.1 Clause No.15 of the leave and license agreement has an arbitration clause providing for appointing of Sole Arbitrator.
4. In course of hearing of the petition today, both learned advocates jointly stated that they would agree to appoint the following Arbitrator,
Justice J.C.Upadhyaya
Former Judge, High Court of Gujarat
34- Neetibaug Judges Society, Opp. Gujarat
High Court, Off. S.G.Highway, New Judges
Bungalow Road, Ghatlodia, Ahmedabad-
380 061.
4.1 Declaration dated 18.8.2023 from the said Arbitrator is produced reflecting his consent to act as an Arbitrator. Accordingly, Justice J.C.Upadhyaya, Former Judge, High Court of Gujarat, is appointed as the Arbitrator to go into arbitration and resolve the disputes between the parties herein in relation to and in connection with the leave and license agreement.
5. The present petition is allowed and disposed of accordingly.
(N.V.ANJARIA, J)
Manshi
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