Ismt Limited v. M/S. Kalbhor Associates A Partnership Firm

904-cra349-16.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.349 OF 2016 ISMT Limited ...Applicant V/s.

M/s.Kalbhor Associates

...Respondent

Mr.Tejesh Dande I/b Tejesh Dande & Associates for the Applicant. Mr.Niranjan Mogre with Mr.M.S. Chhabra for the Respondent. CORAM : R.D. DHANUKA, J.

DATE : 18TH SEPTEMBER, 2018 P.C. :- 1.

By consent, the following order is passed :- a).

The impugned order dated 21st February, 2015 passed by the learned Joint Civil Judge, Senior Division, Pune below Exhibit - 16 is quashed and set aside. The parties are referred to arbitration in accordance with the arbitration agreement recorded in the agreement entered into between the parties. Suit is disposed of. b).

Smt.Justice R.P.Sondur-Baldota, a former Judge of this Court is appointed as a sole arbitrator. Her Addresses are as under :- Pune Address :- Survey No.99/2/1, Adjacent to Akshardham Temple, Ambegaon, Pune.

Bombay address :- C/o.Ms.Suman Jain, Advocate, 11/13, Botawala Building, 2nd Floor, Office no.4A, Opp.Asiatic Central Library, 1/2

904-cra349-16.doc Horniman Circle, Fort, Mumbai.

E-mail address :- rekha_baldota@yahoo.com Cell No. :- 98198 21533 c).

The fees and expenses of the learned arbitrator shall be borne by both the parties equally at the first instance. d).

All other contentions on merit are kept open. 2.

The civil revision application is disposed of in aforesaid terms. There shall be no order as to costs.

3.

Both the parties are directed to appear before the learned arbitrator on 1st October, 2018 at 11:00 a.m. If the date is not convenient to the learned arbitrator, an earliest convenient date be communicated to the parties.

Vasant Anandrao Idhol Vasant Anandrao Idhol Date: 2018.09.19 19:52:21 +0530 (R.D. DHANUKA, J.) 2/2