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Bombay High CourtARBP/756/2018disposed off

Satjyot Hoteliers And Contractors Pvt. Ltd. v. Vijay Jadhav And 10 ORS.

2018-06-29Hon'Ble Shri Justice S.J. Kathawalla2 pages

arbpl 682 of 2018 (922).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO.682 OF 2018 Sanjyot Hoteliers and Contractors Pvt. Ltd.

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Petitioner versus Vijay Jadhav and Ors.

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Respondents Mr. Sarosh Bharucha with Mr. Shrey Fatteperkar I/by M/s. HK Law Associates, for Petitioner.

Dr.Nilesh Pawaskar with Ms. Geetanjali Shinde, for Respondents. CORAM: S.J. KATHAWALLA, J.

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

1.

The learned Advocate for the Petitioner states that the Petitioner shall be allowed to cater at the function scheduled to be held on 1 st July, 2018. The Petitioner shall be free to have access to the banquet hall, kitchen and other areas required for catering and decoration. The statements are accepted. 2.

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

(i) Mr. Atul Daga, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Memorandum of Understanding dated 28-01-1993 and Supplementary Agreement dated 02-06-2007. (ii)The disclosure of Mr. Atul Daga, 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. ssp 1/2

arbpl 682 of 2018 (922).doc (iii)The parties and their Advocates shall appear before the learned Arbitrator in his chambers, on 2 nd July, 2018 at 5.00 p.m. and obtain necessary directions.

(iv)The present petition filed under Section 9 of the Act shall be treated as an Application under Section 17 of the Act and shall be disposed off by the learned Arbitrator at the earliest.

(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