Kalptaru Constuctions Private Limited v. Seva Samiti Co-Operative

Nitin 1 / 2 919-ARBAP-74-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 74 OF 2016 Kalpataru Constructions Private Limited ...

Applicant

Versus

Seva Samiti CHSL.

...

Respondent Mr. Jai Chhabria a/w. Mr. P. Pai i/b. Key Stone Partners for the Applicant. None for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 18 TH MARCH, 2016 P.C. :

1.

On 26 th February, 2016 this Court passed an order, paragraph 4 of which is relevant and is reproduced hereunder : :

"4. In view thereof, Mr. Chirag Mody, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties. In view thereof, Mr. Chirag Mody, Advocate shall submit disclosure under Section 11 (8) read with Section 12 (1) of Arbitration and Conciliation Act, 1996.

i. The Advocates for the Applicant shall forward a copy of this order to Mr. Chirag Mody, Advocate as well as to the Respondent.

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

iii. Stand over to 4th March, 2016."

2.

Pursuant to the above order, Mr. Chirag H. Mody, Advocate has filed disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996. The disclosure is taken on record and the following order is

Nitin 2 / 2 919-ARBAP-74-2016 passed by consent :

i.

The disputes arising out of the Development Agreement dated 15 th May, 1983, Supplemental Agreement dated 15 th May, 1983 and Memorandum of Understanding dated 20th August, 2002 between the parties are referred to the sole Arbitration of Mr. Chirag H. Mody, Advocate.

ii.

The parties shall appear before the learned Arbitrator in his chambers, on th March, 2016 at 5.00 a.m. and obtain necessary directions. iii.

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

All contentions of the parties are kept open. v.

The venue of Arbitration shall be at Mumbai.

3.

In view of this order, the above Arbitration Application is disposed of. 4.

A copy of this order shall be forthwith served on the Respondent by hand delivery as well as by Speed Post AD by the Advocate for the Applicant. ( S.J.KATHAWALLA, J. )