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Bombay High CourtARBP/329/2017disposed off

Darisa Builders Private Limited And ANR v. M/S Prince Developers And 3 Others

2017-04-13Hon'Ble Shri Justice G.S. Patel2 pages

921-ARBPL66-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 66 OF 2017 Darisa Builders Pvt Ltd & Anr

...Petitioners

Versus

Prince Developers & Ors

...Respondents

WITH IN ITS COMMERCIAL DIVISION ARBITRATION APPLICATION NO. 44 OF 2017 AND ARBITRATION APPLICATION NO. 45 OF 2017 Mr Chirag Bulsara, with Huda Diamondwala, i/b Diamondwala & Co, for the Petitioner.

Mr Simil Purohit, with Ekta Tripathi, i/b MDP & Partners, for the Respondents.

CORAM: G.S. PATEL, J DATED:

13th April 2017 PC:- 1.

Parties are agreeable to refer all their disputes to the sole arbitration of Mr Farhan Dubash who has provided his statements of disclosure. These are taken on record and marked "X" and "X1"

for identification with today's date. There are two statements since 13th April 2017

921-ARBPL66-17.DOC there are two agreements and two separate invocations of arbitration.

2.

In both matters inspection is to be completed at the earliest. The Respondents will provide the Claimants/Petitioners with copies of the relevant documents at their cost and vice versa. 3.

Mr Dubash is requested to call his first meeting at his earliest convenience. Advocates for the Petitioner will place an authenticated copy of this order before Mr Dubash on or before 21st April 2017.

4.

The present Section 9 application will be tried as an application under Section 17 of the Arbitration & Conciliation Act 1996. In addition, the Petitioners will be entitled to file a Section 17 application in the second arbitration as well. 5.

Mr Dubash will endeavour to dispose of both the applications at the earliest, and if possible within 12 weeks from the date of the filing of each.

6.

The Arbitration Petition and both the Arbitration Applications are disposed of in these terms with no order as to costs.

(G. S. PATEL, J.) 13th April 2017