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2019 (7) TMI 450

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..... kept in abeyance - HELD THAT:- On the joint request of the parties, we appoint Mr. Justice Pratap Hardas (Retd.) as the Sole Arbitrator, subject to the declarations being made under Section 12 of the Arbitration and Conciliation Act, 1996 with respect to independence and impartiality, and the ability to devote sufficient time to complete the arbitration within the period of 12 months. Matter di .....

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..... erms Conditions including financial terms to handover the Intellectual Property Rights, Ownership Transfer to DR. BAMU as and when required and decided upon. The said MoU contained an arbitration clause which reads as under : 12. ARBITRATION 12.1 All and any disputes and claims arising out of or relating in any manner to this MoU or a breach, termination, non- .....

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..... putes arose between the parties with respect to certain communication issued by the Respondent University, whereby the purchase order in favour of the Petitioner, executed in furtherance of the MoU, was kept in abeyance. The Petitioner filed Writ Petition No. 1413 of 2017 before the High Court of Judicature at Bombay, Aurangabad bench praying for a Writ of Mandamus directing the Respon .....

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..... ies jointly requested for the appointment of Mr. Justice Pratap Hardas (Retd.) Judge of the Bombay High Court, as the Sole Arbitrator. On the joint request of the parties, we appoint Mr. Justice Pratap Hardas (Retd.) as the Sole Arbitrator, subject to the declarations being made under Section 12 of the Arbitration and Conciliation Act, 1996 with respect to independence and impartiality, .....

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