Ritesh Sanghani And ANR. v. V One Infra And 2 ORS.

arbpl 190 of 2018 (915).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO.190 OF 2018 Ritesh Sanghani and Anr.

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Petitioners versus V One Infra and Ors.

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Respondents Mr. Rohaan Cama with Mr. Zaid Ansari, Mr. Mangesh Kokare, Mr. Deep Morabia, for Petitioners.

Mr. R.D.Suryawanshi, for Respondent Nos.2 and 3. CORAM: S.J. KATHAWALLA, J.

DATE: 15 th MARCH, 2018 P.C.:

1.

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

(i) Mr. Shyam Kapadia, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Deed of Partnership Deed dated 12-07-2016.

(ii)Mr. Shyam Kapadia, Advocate is also appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Sub-Contracting LIO Agreement dated 01-09-2016.

(ii)The two separate disclosures filed by Mr. Shyam Kapadia, Advocate 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 ssp 1/2

arbpl 190 of 2018 (915).sxw 2016) are taken on record.

(iii)The parties shall appear before the learned Arbitrator in his chambers, on 19 th March, 2018 at 05.30 p.m. and obtain necessary directions. (iv)The present Petition filed under Section 9 of the Act shall be treated by the learned Arbitrator as an Application under Section 17 of the Act and decided within a period of two weeks from today. Interim Application shall be decided by the learned Arbitrator within a period of 8 weeks from today. (vi)The learned Advocates for the Petitioners and Respondents state that until further orders, they shall not create any liabilities in the Respondent No.1 Firm. The statement is accepted.

(vii)The Petitioners and Respondents undertake to disclose on oath the amounts received in respect of the suit project. (viii)The learned Arbitrator shall endeavour to pass his final Award within a period of months from the date of this order. (ix) All contentions of the parties are kept open. (x) The cost of arbitration shall initially be borne by the parties equally. (xi) The venue of Arbitration shall be at Mumbai. (vii)In view of this order, the above Arbitration Petition is disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2