M/S. Suman Motels Ltd. v. M/S. Suyog Jain Ashapuri Developers

Nitin 1 / 2 917-ARP-18-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 18 OF 2014 M/s. Suman Motels Limited ...

Petitioner

Versus

M/s. Suyog Jain Ashapuri Developers ...

Respondent Mr. Vikram Sathaye a/w. Mr. Dilip Satale i/b. Mulani and Company for the Petitioner.

Mr. K.P. Shah for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 29 TH JANUARY, 2016 P.C.

1.

On 21 st January, 2016 this Court passed the following order: "1. By consent of the parties, the disputes in the above Arbitration Petition are proposed to be referred to Mr. Vishal Kanade, Advocate. In view thereof, Mr. Vishal Kanade, Advocate, shall submit disclosure under Section 11(8) read with Section 12(1) of Arbitration and Conciliation Act, 1996.

2.

The Advocates for the parties shall forward a copy of this order to Mr.Vishal Kanade, Advocate.

3. All concerned to act on an ordinary copy of this order duly authenticated by the learned Associate of this Court.

4. Stand over to 29-01-2016."

2.

Pursuant to the above order, Mr. Vishal Kanade , Advocate has filed disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996. The same is taken on record and the following order is passed by consent :

Nitin 2 / 2 917-ARP-18-2014 i.

The disputes arising out of the Memorandum of Understanding dated 6 th May, 2008 between the parties are referred to the sole Arbitration of Mr. Vishal Kanade, Advocate.

ii.

The learned Arbitrator shall endeavour to pass his Award within a period of one year from the date of the first meeting held by him with the parties and their Advocates.

iii.

The parties shall appear before the learned Arbitrator in his chambers, on st February, 2016 at 5.30 p.m. and obtain necessary directions. iv.

The cost of arbitration shall initially be borne by the parties equally. v.

All contentions of the parties are kept open. vi.

The venue of Arbitration shall be at Mumbai.

3.

In view of this order, the above Arbitration Petition is disposed of. ( S.J.KATHAWALLA, J. )