Ghatkopar Laxminarayan Chs Ltd. v. Rashmi Realty Developers

arbp 533 of 2018 (911).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.533 OF 2018 Ghatkopar Laxminarayan Co-op. Hsg. Soc. Ltd.

...

Petitioner versus Rashmi Realty Developers ...

Respondent Mr. Chirag Mody with Mr. Devash H. Bheda i/by M/s. Puruanand and Co., for Petitioner.

Mr. R.D.Soni i/by Mr. Chetan Yadav, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 29 th JUNE, 2018 P.C.:

1.

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

(i) Mr. Rashmin Khandekar, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Development Agreement dated 27 th May, 2008.

(ii)The disclosure of Mr. Rashmin Khandekar, 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 and their Advocates shall appear before the learned Arbitrator in his chambers, on 30th June, 2018 at 10.00 a.m. and obtain necessary directions.

ssp 1/2

arbp 533 of 2018 (911).doc (iv)The above Petition filed under Section 9 of the Arbitration and Conciliation Act, shall be treated as a Petition under Section 17 of the Act and shall be disposed of by the learned Arbitrator within a period of 12 weeks from today. However, the parties shall be at liberty to move for ad-interim relief/s if any. In the event of any ad-interim application being made, the learned Arbitrator shall endeavour to dispose of the same within a period of two weeks from the date of such application. (v) The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (vi)The learned Arbitrator shall not grant adjournments to the parties unless absolutely necessary.

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