Sheth Developers Pvt. Ltd. v. Umesh Himmatlal Gandhi

Nitin 1 / 2 937-S-346-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 346 OF 2015 Sheth Developers Private Limited ...

Plaintiff

Versus

Umesh Himmatlal Gandhi ...

Defendant ALONG WITH NOTICE OF MOTION NO. 763 OF 2015 IN SUIT NO. 346 OF 2015 WITH NOTICE OF MOTION NO. 1332 OF 2015 IN SUIT NO. 346 OF 2015 Mr. Nitin Thakkar, Sr.Adv. a/w. Mr. Raju Yamgar for the Plaintiff. Mr. Gaurav Joshi, Sr.Adv. a/w. Mr. Zal Andhyarujina, Mr. Tushar Goradia, Mr. Kalpesh Mehta, Ms. Utvi Tanna i/b. Pravin Mehta and Mithi and Company for the Defendant and Applicant in support of Notice of Motion No. 1332 of 2015. CORAM : S.J. KATHAWALLA, J.

DATED : 15 TH DECEMBER, 2015 P.C.

1.

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

i.The disputes in the above Suit are referred to the sole Arbitration of Mr. E.P. Bharucha, Senior, Advocate.

ii.The learned Arbitrator shall endeavour to pass his Award within a period of six months from the date of the first meeting held by him with the parties and their Advocates.

Nitin 2 / 2 937-S-346-2015 iii.The Plaint in the above Suit shall be treated as Statement of Claim of the Plaintiff and the Notice of Motion No. 763 of 2015 shall be treated as Application under Section 17 of the Arbitration & Conciliation Act, 1996 by the learned Arbitrator.

iv.The parties shall appear before the learned Arbitrator in his chambers, on 17th December, 2015 at 9.30 a.m. and obtain necessary directions. v.The cost of arbitration shall initially be borne by the parties equally. vi.All contentions of the parties are kept open. vii.The venue of Arbitration shall be at Mumbai. The above Suit as well as Notices of Motion are accordingly disposed of. ( S.J.KATHAWALLA, J. )