Mr. Ghanshyam Jangaldas Sukhwani, Sole Prop. Of Sukhwani Construction v. M/S. Horizon Realty Thr.Its Partner Mr. Punit Shripal Oswal

TAUSEEF LAIQUEE FAROOQUI TAUSEEF LAIQUEE FAROOQUI Date: 2021.12.22 18:14:04 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.148 OF 2021 Mr. Ghanshyam Jangaldas Sukhwani, Sole Prop. Of Sukhwani Construction

...Petitioner

Versus

M/s. Horizon Realty, Through Its Partner Mr. Punit Shri Pal Oswal

...Respondent

---------- Mr. Girish Godbole a/w Mr. Sumit Kothari and Ms. Aishwarya Shinde for Petitioner.

Mr. Chaitanya Nikte for Respondents.

---------- CORAM : R. I. CHAGLA, J DATE :

21st DECEMBER 2021 P.C.

By this Arbitration Petition, the Petitioner is seeking appointment of a Sole Arbitrator to arbitrate and resolve the disputes between the Petitioner and the Respondent arising out of Registered Development Agreement dated 31st December 2014.

2.

The named Sole Arbitrator who was to be appointed under clause 42 of the Development Agreement has expressed 1/3

his inability to act as Sole Arbitrator. The parties have agreed to the name of Justice Shrihari Daware to act as Sole Arbitrator to arbitrate and resolve the disputes between the Petitioner and the Respondent arising out of Registered Development Agreement dated 31st December 2014. This order shall be communicated to the Sole Arbitrator who has been appointed by consent of the parties.

3.

In view thereof, following order is passed:- (i).

Mr. Justice Shrihari Daware, is appointed as a Sole Arbitrator to decide the disputes between the Petitioner and the Respondent arising out of Registered Development Agreement dated 31st December 2014 executed between them.

(ii). The venue of arbitration shall be in Pune as per the said Development Agreement dated 31st December 2014.

(iii). Office to inform the Sole Arbitrator regarding his appointment.

(iv). The Sole Arbitrator is requested to file his disclosure Affidavit of Arbitration under Section 11(8)(i) of the Arbitration and Conciliation Act, 2/3

1996 within a period of three weeks from the date of receipt of the notice issued by the Registrar Judicial-I and provide copies to the parties. (v). Parties to appear before the Sole Arbitrator on the date fixed.

(vi). Fees of the Sole Arbitrator will be payable in accordance with the Bombay High Court (O.S.) Rules, 2018.

(vii).Arbitration Petition is disposed of in the above terms.

(viii). No costs.

[R. I. CHAGLA J.] 3/3