Shri. Satish Vasantrao Patole v. Tirupati Builders And Developers Thr Partners Shri Anil Shamrav Chavan(Bendre),Shri Dilip B. Patole

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 66 OF 2022 Satish Vasantrao Patole ..

Petitioner

Versus

Tirupati Builders and Developers Thr Anil Shamrav Chavan (Bendre), Shri Dilip Patole ..

Respondent ...

Mr.Sandeep Koregave for the Petitioner.

Mr.Mandar Bagkar a/w Mr. Chetan Patil for respondent. CORAM: BHARATI DANGRE, J.

DATED : 12th MARCH 2024 P.C:- The arbitration clause in the Development Agreement not being in dispute, the respective counsel has expressed consensus over appointment of Shri. Kundalik Dattatraya Patil (Retired Principal District & Sessions Judge) to be appointed as a sole arbitrator to adjudicate the disputes that have arisen between the parties. It is also agreed that the arbitration shall be conducted in Kolhapur.

The counsel for the petitioner shall inform the arbitrator about his appointment, who shall issue further instructions.

The appointment of the sole arbitrator shall be Ashish

2/2 20 ARP 66-22.doc subject to the following stipulations:- The Arbitrator shall, within a period of 15 days before entering the arbitration reference forward a statement of disclosure as contemplated u/s.11(8) r/w Section 12 of the Arbitration and Conciliation Act, 1996, to the Registrar JudicialI, of this Court to be placed on record. The Arbitrator, shall after entering the reference fix the date of first hearing and issue further directions as are necessary.

The Sole Arbitrator shall be entitled for the fees as per Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal.

All rights and contentions of the parties are kept open.

( SMT. BHARATI DANGRE, J.) Ashish