Deep Corporation. v. Rabia Abdul Gani And 78 ORS. And Shreeji Construction(Resp)

1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1143 OF 2018 IN COUNTER CLAIM NO.9 OF 2007 IN SUIT NO.4667 OF 2000 Lasrado Thereza )....Applicant

IN THE MATTER BETWEEN :

Deep Corporation )....Plaintiff to Counter Claim V/s.

Rabia Abdul Gani & Ors.

)....Defendants to Counter Claim And Shreeji Construction )....Respondent ---- Mr.Rohaan J.Cama a/w Mr.Shanay Shah and Mr.G.C.Mohanty I/by Mohanty and Associates for the applicant.

Ms.Nancy Lasrado-Constituted Attorney of applicant present. Mr.Sharan Jagtiani a/w Mr.Mutahhar Khan I/by Mehta and Co. for respondent.

Mr.Ashok Jain-partner of respondent present in court. ---- CORAM : K.R.SHRIRAM,J DATE : 24.9.2018 P.C.:- 1.

In this Notice of Motion the relief that is primarily sought by the applicant is against the respondent Shreeji Construction. 2.

The applicant and Shreeji Construction have entered into consent terms dated 24.9.2018 under which the parties have decided to refer the dispute between the parties to arbitration under the Arbitration and Conciliation Act 1996 and counter claim if any.

2/3 Consent terms signed by the Constituted Attorney of the applicant, partner of respondent and their respective advocate is taken on record and marked `X' for identification. Counsel state that signatories are present in court and identify by them.

3.

The parties have suggested the name of one Ms.Sonal an advocate practicing in this court as sole arbitrator. Accordingly, Ms.Sonal an Advocate practicing in this court having her office at 4, Rustom Building, 3rd Floor, 29, Veer Nariman Road, Near Akbarallys, Above Gift Centre, Flora Fountain, Fort, Mumbai, Tel No.66335829/22670006, Mobile No.9820769305, is appointed as sole Arbitrator to arbitrate on the disputes as set out in paragraph-2 of the consent terms. The fees, administrative expenses, typing charges and venue charges if any, shall be shared equally between the parties and the same will be cost in the arbitral proceeding. 4.

The Arbitrator to make a disclosure in writing as required under Section 11(8) read with 12(1) of the Arbitration & Conciliation Act 1996 directly to the parties within two weeks of receiving a communication from either of the parties.

5.

The applicant who will be the claimant in the arbitration proceeding shall file statement of claims with compilation of documents within 3 weeks from today and copy will be served upon respondent simultaneously. Within two weeks of receiving copy of the

3/3 statement of claims, respondent shall file the reply/defence to the claim.

6.

In paragraph-5 of the consent terms a statement has been made by the respondent that the flat mentioned in the said paragraph is unencumbered. The same is taken as a solemn statement made to the court and the undertaking in paragraph-5 is accepted as undertaking to this court.

7.

Mr.Cama on instructions from the applicant, states that the applicant has field a complaint with Malad (West) Police station. Mr.Cama states that the applicant will, by 26.9.2018, address a communication to the police to keep the complaint in abeyance until completion of the arbitral proceedings. Statement accepted as an undertaking to this court.

8.

In view of the above, Notices of Motion No.1143 of 2018, 1318 of 2013 and 125 of 2010 in Counter claim No.9 of 2007 in Suit No.4667 of 2000 also stand disposed.

by Jahagirdar Kiran Ganesh Date:

2018.09.27 14:21:40 +0530 Jahagirdar Kiran Ganesh (K.R.SHRIRAM,J)