M/S. Gurukripa Basics v. Greenscape Developers Private Limited

ssp 946 arp 39 of 2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.39 OF 2019 M/s. Gurukripa Basics ...

Petitioner versus Greenscape Developers Pvt. Ltd.

...

Respondent WITH CIVIL APPLICATION (L) NO.2115 OF 2019 WITH ARBITRATION APPEAL (L) NO.2114 OF 2019 Mr. Anoshak Davar with Mr. Kunal Chheda, Mr. Chetan Mhatre I/by Utangale and Co., for Petitioner and Appellant.

Mr. Rakesh Reddy, for Respondent.

CORAM: S.J. KATHAWALLA, J.

DATE: 29 th MARCH, 2019 P.C.:

1.

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

(i) Mr. Justice Anoop V. Mohta (Former Judge of this Court) is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Agreement for Joint Development dated 16 th December, 2011.

(ii)The learned Arbitrator is requested to 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 1 st April, 2019.

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ssp 946 arp 39 of 2019.doc (iii)The parties and/or their Advocates shall appear before the learned Arbitrator on 30 th March, 2019 at 12.00 noon and obtain necessary directions and shall also be at liberty to move for further ad-interim reliefs. (iv)The order passed by the District Court dated 5 th July, 2018 shall continue until an application for interim relief is heard afresh by the learned Arbitrator. (v) The learned Arbitrator shall endeavour to pass his final Award within a period of one year from the date of this order. (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. (x) In view of this order, the above Arbitration Petition, Civil Application and the Arbitration Appeal are disposed of.

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