Mr. Sanjay Ugramohan Nandkeolyar And ORS v. M/S. Sharma Construction Company Thr. Its Partners

928-ARP-37-18.doc Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION No. 37 of 2018 Sanjay Ugramohan Nandkeolyar & Ors .. Petitioners.

Vs M/s Sharma Construction Co. & Ors .. Respondents.

Mr Vishal C. Ghosalkar for the petitioners.

Mr. Pravin Kamble I/by ANP Chambers for Respondents. CORAM : S.J. KATHAWALLA, J.

DATED :­ 13th December, 2018.

P.C. :­ Heard the learned Advocates appearing for the parties and the following order is passed by consent :­ i.

Mr. K.J. Paratwar, District and Sessions Judge (Retd) is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the development agreement dated 12th May, 2011.

ii.

The disclosure of Mr. K.J. Paratwar, District and Sessions Judge (Retd) under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 shall be filed on or before 20th December, 2018. iii.

The petition filed by the petitioners before the District Court Pune under Section 9 of the said Act by the petitioner seeking interim orders shall be treated as a petition under Section 17 of the Arbitration and Conciliation Act, 1996 and decided by the learned Arbitrator on or before 12th January, 2019. The 1/2 928-ARP-37-18.doc

928-ARP-37-18.doc statement made by the respondents before the District Court Pune shall continue upto 12th January, 2019.

iv.

The parties and their Advocates shall appear before the learned Arbitrator on 22nd December, 2018 at 12:00 noon and obtain necessary directions.

v.

The venue of the arbitration shall be at Pune. vi.

The cost of arbitration shall initially be borne by the parties equally. 2.

In view of this order, the above Arbitration Petition is disposed off. 3.

Stand over to 20th December, 2018 to enable the learned Arbitrator to submit his disclosure.

(S.J. KATHAWALLA, J.) 2/2 928-ARP-37-18.doc