Asmita India Limited v. Siddhi Developers And 3 ORS

arbap 210 fo 2016 (904).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.210 OF 2016 Asmita India Limited ...

Applicant versus Siddhi Developers and Ors.

...

Respondents Mr. Sahil Mahajan, for Applicant.

Mr. M.S.Ahmed, for Respondents.

Respondent Nos.2 to 4 are present.

CORAM: S.J. KATHAWALLA, J.

DATE: 19 th OCTOBER, 2016 P.C.:

1.

Pursuant to the order passed by this Court dated 17 th October, 2016, Respondent Nos.2 to 4 are present in Court. They have obtained bail in the sum of Rs.15,000/- each and have tendered unconditional apology for not remaining present before this Court earlier thereby compelling this Court to issue bailable warrants against them in the sum of Rs.15,000/- each. The apology tendered by them is accepted. No further orders are required to be passed as regards their presence before this Court. The bail amount deposited with the Police authorities by the Respondent Nos.2 to 4 be returned to them.

2.

The learned Advocate for the Respondents undertakes to file Vakalatnama on or before 20th October, 2016. The undertaking is accepted. ssp 1/2

arbap 210 fo 2016 (904).sxw 3.

By consent, the following order is passed :

(i) Mr. Shyam Kapadia, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Joint Venture Agreement dated 11-02-2008.

(ii)The disclosure of Mr. Shyam Kapadia, Advocate under Section 11 (8) read with Section 12 (1) of the Arbitration and Conciliation Act, 1996 is taken on record.

(iii)The parties shall appear before the learned Arbitrator in his chambers, on 27 th October, 2016 at 10.00 a.m. and obtain necessary directions. (iv)The learned Arbitrator shall endeavour to pass his final Award within a period of four months from the date of this order. (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