Anil Vora v. Kavya Buildcon Pvt. Ltd. (Formerly Known As Akurit Land Developers Pvt. Ltd.)And 6 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.355 OF 2019 Anil Vora .. Applicant v/s.

Kavya Buildcon Pvt.Ltd. & Ors.

.. Respondents Mr. Vyom Shah i/b. Vinay Bhanushali for the applicant. Ms. Kausar Banatwala a/w Gauri Sakhardhande i/b. Tushar Goradia for the respondent no.1.

CORAM : A. K. MENON, J.

TH AUGUST, 2021.

DATED : 25 P.C. :

1. This is an application under Section 11 of the Arbitration & Conciliation Act, seeking appointment of a Sole Arbitrator under clause 26 of the Partnership Deed. At the outset, it is pointed out that respondent nos.2, 3 and 4 have been inadvertently joined in this petition since they are only the Directors of respondent no.1 along with respondent nos.5 and 7. Respondent no.6 is the son of the original partner viz. Mithul Doshi and respondent no.6 has since been admitted into the partnership. These are facts which are admitted on behalf of Digitally signed by SANDHYA BHAGU WADHWA Date:

2021.08.26 16:28:19 +0530 SANDHYA BHAGU WADHWA 1/3

respondents before me viz. respondent no.5 is seen to have been duly served as per service report by hand delivery on 20 th August, 2021.

None appears on call.

2. I am informed that respondent nos.6 & 7 have also been served with notice. The affidavit of service dated 24 th August, 2021 is on file which enclosed acknowledgments of respondent nos.6 & 7 who are seen to have been received the postal packet containing a notice dated 18 th August, 2021. That notice specifies that petition will be listed today for final hearing. Both these respondents are absent on call.

3. In view of this, the petition is disposed in the following order; (i) Leave to amend to delete the names of respondent nos.2, 3 & 4. Amendment to be carried out forthwith. Re-verification is dispensed with.

(ii) Mr. Karl Shroff, Advocate, is appointed as Sole Arbitrator to adjudicate upon claims and counter claims, if any, (iii) The learned Arbitrator is requested to file his disclosure statement under Section 11(8) and Section 12(1) on or before 9 th September, 2021 with the Prothonotary and Senior Master and provide copies to the parties.

(iv) Parties to appear before the Sole Arbitrator on a date to be fixed by him at his earliest convenience.

(v) Fees payable to the Sole Arbitrator will be in accordance with the 2/3

Bombay High Court (Fee Payable to Arbitrators) Rules, 2018. (vi) Arbitration Petition is disposed in the above terms. (vii) No costs.

(A. K. MENON, J.) 3/3