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Bombay High CourtARP/37/2017disposed off

M/S. Shreeji Exhibitors, A Partnership Firm v. Mira Bhayandar Municipal Corporation

2019-02-05Hon'Ble Shri Justice S.J. Kathawalla2 pages

ssp 911 ara 37 of 2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO.37 OF 2017 WITH CIVIL APPLICATION NO.40 OF 2017 M/s. Shreeji Exhibitors ...

Appellant versus Mira Bhayandar Municipal Corporation ...

Respondent WITH ARBITRATION PETITION NO.37 OF 2017 M/s. Shreeji Exhibitors ...

Petitioner versus Mira Bhayandar Municipal Corporation ...

Respondent Mr. A.G.Damle, Senior Advocate I/by Mr. Raju D. Suryawanshi, for Petitioner/Appellant.

Mr. M.S.Lagu, for Respondent.

CORAM: S.J. KATHAWALLA, J.

DATE: 5 th FEBRUARY, 2019 P.C.:

1.

Heard the learned Advocates appearing for the parties and the following order is passed by consent :

(i) Mr. Tejas Dande, Advocate, is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Registered Lease Agreement dated 31 st July, 2007.

(ii)Mr. Tejas Dande, Advocate shall file his disclosure under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016) on or before 8th 1/2

ssp 911 ara 37 of 2017.doc February, 2019.

(iii)The parties and/or their Advocates shall appear before the learned Arbitrator in his chambers, on 9 th February, 2019 at 11.00 a.m., and obtain necessary directions.

(iv)The ad-interim relief granted in Arbitration Appeal No.37 of 2017 shall pending the hearing and final disposal of the arbitration proceedings and passing of the final award and for a period of two weeks thereafter continue to be in force. (v) The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of the first meeting held before the learned Arbitrator.

(vi)The learned Arbitrator shall not grant adjournments to the parties unless absolutely necessary.

(vii) All contentions of the parties are kept open. (viii) The cost of arbitration shall initially be borne by the parties equally. (ix) The venue of Arbitration shall be at Mumbai. (ix)The above Arbitration Petition, Arbitration Appeal as well as Civil Application are accordingly disposed of.

( S.J.KATHAWALLA, J. ) 2/2