Kings Empire Heights Private Ltd v. Tanuja Shirish Hegshetye And ANR

15-arbapl 110-19 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION (L.) NO.110 OF 2019 Kings Empire Heights Private Ltd.

..Applicant Vs.

Mrs.Tanuja Shirish Hegshetye & Anr.

..Respondents ----- Mr.Abhishek Nikharge i/b. Mr.Mehul Shah for Applicant. Ms.Shirin Shaikh i/b. M/s.Vivek Patil & Asss. for Respondents. ----- CORAM :

G.S. KULKARNI, J.

DATE :

19th MARCH, 2019 P.C.:

Heard learned Counsel for the parties.

2.

This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, "the ACA") whereby the applicant has prayed for appointment of an arbitral tribunal to adjudicate the disputes and differences between the parties which have arisen under the agreement for sale dated 28 July 2015 (Exhibit - A to the petition). 3.

It is not in dispute that the arbitration agreement is contained in Clause 19(c) of the said agreement. There is also no dispute about invocation of the arbitration agreement on the part of applicant. However, as there was no concurrence on the part of respondents, present application has been filed.

4.

After this application was heard for sometime, learned Counsel for the parties are agreeable that the disputes and differences between the

15-arbapl 110-19 parties be referred for arbitration by appointing a sole arbitrator. 5.

In view of the above consensus between the parties, the application can conveniently be disposed of. Hence, the following order:-

ORDER

(i) Mr.Cyrus Bharucha, Advocate of this Court, is appointed as a sole Arbitrator to arbitrate the disputes and differences between the parties under the agreement dated (ii) The learned sole prospective arbitrator, fifteen days before entering the arbitration reference, shall forward a statement of disclosure as per the requirement of Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996, to the Prothonotary & Senior Master of this Court, to be placed on record of this application with a copy to be forwarded to both the parties; (iii) At the first instance, the parties shall appear before the prospective arbitrator within 10 days from today on a date which may be mutually fixed by the prospective sole arbitrator; (iv) All contentions of the parties on merits of the matter are expressly kept open;

(v) The application is disposed of in the above terms. No costs. (vi) Office to forward a copy of this order to the learned Arbitrator on the following address:

address:

Savla Chamber, 2nd Floor, Cawasji Patel Street, Fort, Mumbai - 400 001.

Contact No. 9820310983.

[G.S. KULKARNI, J.]