M/S. Matra Realty And Developers Ltd. v. M/S. Tapodhan Griha Sahakari Society Ltd.

arbap 210 of 2017 (603).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.210 OF 2017 M/s. Matra Realty and Developers Ltd.

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Applicant versus M/s. Tapodhan Griha Sahakari Soc. Ltd.

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Respondent Mr. Abhijit Singh i/by Mr.Anil Mishra, for Applicant. None for Respondent.

CORAM: S.J. KATHAWALLA, J.

DATE: 23 rd APRIL, 2018 P.C.:

1.

On 20 th April, 2018 this Court passed the following order : "1.There is no dispute between the parties qua the existence of an arbitration agreement. The Applicant has invoked the Arbitration Agreement by its Advocate letter dated 17th May, 2014. In view thereof, the following Order is passed by consent :

i. The Court proposes to appoint Mr.Rohan Savant, Advocate as a sole Arbitrator to decide the disputes between the Applicant and the Respondent arising out of the MOU dated 17 th June, 2011.

ii. Mr. Rohan Savant, Advocate shall on or before 23 rd April, 2018 submit his disclosure 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.

iii. Stand over to 23 rd April, 2018, before the ad-interim matters. "

2.

Pursuant thereto, Mr. Rohan Savant, Advocate, has filed his disclosure ssp 1/2

arbap 210 of 2017 (603).sxw 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), which is taken on record. In view thereof, the following order is passed : (i) Mr. Rohan Savant, Advocate, is appointed as a sole Arbitrator to decide the disputes between the Applicant and Respondent arising out of the MOU dated 17 th June, 2011.

(ii)The parties shall appear before the learned Arbitrator in his chambers, on 27 th April, 2018 at 05.00 p.m. and obtain necessary directions. (iii)The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (iv)The learned Arbitrator shall not grant adjournments to the parties unless absolutely necessary.

(v) All contentions of the parties are kept open. (vi) The cost of arbitration shall initially be borne by the parties equally. (vii) The venue of Arbitration shall be at Mumbai. (vii)In view of this order, the above Arbitration Application is disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2