Shujaat Ghousuddin Khan v. Centrum Alternatives Llp 10 ORS.

5-ARBP1030-19.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRTION PETITION NO. 1030 OF 2019 Shujaat Ghousuddin Khan

...Petitioner

Versus

Centrum Alternatives LLP & Ors

...Respondents

Mr Karl Tamvoly, with Aniketh Nair & Shrikant Pillai, i/b Mustafa Motiwala, for the Petitioner.

Mr Mustafa Doctor, Senior Advocate, with Ms Ankita Singhania, i/b Bharucha & Partners, for the Respondents.

CORAM:

G.S. PATEL, J.

DATED:

13th November 2019 PC:- 1.

After some arguments, Mr Tamboly on instructions from the petitioner who is present in Court seeks leave to withdraw the petition under Section 9 of the Arbitration and Conciliation Act 1996, subject to liberty reserved to him specifically to make the same application under Section 17 of the Act before the arbitral tribunal to be appointed in accordance with the contract once arbitration has been invoked.

2.

He makes it clear that although parties had initially agreed to refer their disputes to a Senior Advocate of this Court, that order has since been recalled and set aside and the contractual provision 13th November 2019

5-ARBP1030-19.DOC prevails. This provision is for the reference of disputes in accordance with the Singapore International Arbitration Centre (SIAC) with the venue and seat in Mumbai. After that recall, Mr Tamboly's clients has yet to invoke jurisdiction. 3.

The petitioner's immediate concern is in regard to the information related to financial statements of the subject limited liability partnership. I am not addressing this on merits. I only note the statement made by Mr Doctor for the contesting respondents that the audited financial statements of the limited liability partnership have already been provided to the petitioner and which Mr Tamboly accepts.

4.

The arbitration petition is disposed of in these terms. 5.

All contentions are kept open.

6.

It is clarified that the petitioner is always at liberty to seek fullness of the reliefs that he claims before the arbitral tribunal, including under Section 17 of the Arbitration and Conciliation Act 1996.

(G. S. PATEL, J) 13th November 2019