Shree Saiprerana Co-Operative Housing Soc Ltd. v. Irshad Abdul Hamid Khan Of M/S Dream House Realtors.

carbpl 307 of 2018 (927).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION ARBITRATION PETITION (L) NO.307 OF 2018 Shree Saiprerana Co-op. Hsg. Soc. Ltd.

...

Petitioner versus Irshad Abdul Hamid Khan of M/s. Dream House Realtors ...

Respondent Mr. Shyam Kapadia with Mr. S.B.Pawar, Ms. Swati Sawant, Mr. Avishkar Sawant i/by M/s. S.K.Legal Associates LLP, for Petitioner. Mr. R.A.Shaikh i/by Ms. Rehana Begum, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 19 th APRIL, 2018 P.C.:

1.

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

(i) Mr. Amrut Joshi, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Agreement dated September, 2010 (Exhibit A to the Petition).

(ii)The disclosure of Mr. Amrut Joshi, 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 2016) is taken on record. (iii)The parties shall appear before the learned Arbitrator in his chambers, on 23 rd April, 2018 at 5.00 p.m. and obtain necessary directions. ssp 1/2

carbpl 307 of 2018 (927).sxw (iv)The present Petition filed under Section 9 of the Act, shall be treated as a Petition under Section 17 of the Act by the learned Arbitrator and disposed of the same within a period of 8 weeks from today.

(v) The Respondent shall be at liberty to file their counter claim before the learned Arbitrator.

(vi)The Respondent undertakes not to create any third party rights until further orders.

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