Sneha Metals Private Limited And 3 ORS v. Nikhil Gandhi And 10 ORS

4-CARBPL308-2020 WITH CARAP138-2020.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION (L) NO. 308 OF 2020 WITH COMM ARBITRATION APPLICATION NO. 138 OF 2020 Sneha Metals Pvt Ltd & Ors

...Petitioner/

Applicant

Versus

Nikhil Gandhi & Ors

...Respondents

Mr Mutahaar Khan, with Amit Mehta, i/b Mahimtura & Co., for the Petitioner/Applicant.

Mr Cyrus Ardeshir, for some Respondents (appearance not given). Mr Sujit Lahoti, with Parth Shah, i/b Sujit Lahoti & Associates, for Respondents Nos. 6 and 8.

Mr SS Kanetkar ̧for Respondent No. 10.

CORAM: G.S. PATEL, J (Through Video Conferencing) DATED: 9th June 2021 PC:- 1.

Heard through video conferencing.

2.

The following order is by consent.

9th June 2021

4-CARBPL308-2020 WITH CARAP138-2020.DOC 3.

The Section 9 Petition is dismissed as unconditionally withdrawn.

4.

So far as the Section 11 Application is concerned, it is unconditionally withdrawn against all the Respondents except Respondents Nos. 1, 5 and 10.

5.

The Petitioners and Respondents Nos 1, 5 and 10 agree on the nomination of an Arbitrator, the Hon'ble Mr Justice AR Joshi, former Judge of this Court. They have also agreed that they will file Consent Terms before the learned Sole Arbitrator. At least one of the Respondents is raising a question of jurisdiction. That Respondent is agreeable to this order for the limited purpose of filing Consent Terms. This is duly noted.

6.

The Arbitration Petition and the Arbitration Application are both disposed of in these terms. There will be no order as to costs. 7.

All concerned will act on production of an ordinary copy of this order.

(G. S. PATEL, J) 9th June 2021