Sachin Corporation And ANR v. Kusuma Bhandary Consruction Private Limited

1/6

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.511 OF 2016 Sachin Corporation )....Petitioner V/s.

Kusuma Bhandary Developers Pvt. Ltd.

)....Respondent ---- Mr.E.A.Sasi for the petitioners.

Mr.Sharan Jagtiani with Mr.Nirman Sharma & Mr.Dharam Sharma I/by Dharam and Co.for respondent.

Mr.Deepak Lulia for plaintiffs in Summary Suit No.227 of 2016 ---- CORAM : K.R.SHRIRAM,J (IN CHAMBER) DATE : 3.7.2018 P.C.:- The petition is still at pre-admission stage. The parties have entered into consent terms dated 3.7.2018 by which the parties have agreed to refer all their disputes which are subject matter of this petition and the other proceedings mentioned in paragraph 1(i) of the consent terms. The consent terms signed by the partner of petitioner, the director of respondent company and parties authorized to sign in the other suit for plaintiff as well as defendants is taken on record and marked `X' for identification.

Mr.Jagtiani for respondent states that one Neha Shetty who was to sign the consent terms is presently in United States of America and is expected in Mumbai on 15.7.2018. Mr.Jagtiani states that on

2/6 16.7.2018 or latest by 17.7.2018 Neha Shetty will come to the court and sign the consent terms.

Statement accepted as on behalf of respondent. Order in terms of consent terms. A scanned copy is reproduced herein for ease of reference.

3/6

4/6 Mr.Prathamesh Kamat, an advocate practicing in this court having his office at C/o. Mr.Rahul Narichania, Senior Advocate, 110, Yusuf Building, 1st Floor, M.G.Road, Fort, Mumbai-400 001, Mobile No.9833190164, Office Tel.

No.022-22814350, Email

5/6 prathameshkamat@gmail.com, is appointed as sole arbitrator to decide on all disputes as stated in the consent terms including counter claim, if any. Mr.Kamat to make a disclosure in writing as required under Section 11(8) read with section 12(1) of the Arbitration & Conciliation Act 1996 within two weeks of receiving a copy of this order either from petitioners' advocate or respondents' advocate directly to the parties. Cost in the arbitral proceedings to be shared equally between the parties and the same will be subject matter of the award.

Petition accordingly stands disposed as withdrawn. So far as Commercial Summary Suit No.471 of 2016, Commercial Suit No.403 of 2016, Commercial Suit (L) No.830 of 2018, counsel states that though these suits are not part of the assignment of this court, this court may take up the matter and permit the respective plaintiffs to withdraw the suit. These three suits are dismissed as withdrawn. Refund of court fees if any, in accordance with rules.

6/6 Mr.Sharma appearing for plaintiff in Commercial Suit (L) No.830 of 2018 undertakes to remove all office objections notwithstanding withdrawal of the suit and to have the suit numbered. So far as Summary Suit No.227 of 2016 pending before Bombay City Civil Court, Dindoshi, is concerned, Mr.Sasidharan undertakes to withdraw the suit within 2 weeks after Neha Shetty signs the present consent terms. Undertaking accepted. (K.R.SHRIRAM,J)