Savaliya Builders v. Shree Mahavir Patwa Developers And Constructions Pvt Ltd And 7 ORS

6-LPETN218-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 218 OF 2018 IN COMM ARBITRATION PETITION (L) NO. 775 OF 2018 Savaliya Builders

...Petitioner

Versus

Shree Mahavir Patwa Developers & Construction Pvt Ltd & Ors

...Respondents

Mr Amrut Joshi, with Mr Mayur Shetty i/b Rajani Associates, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

23rd July 2018 PC:- 1.

The Petition is for leave under Clause XII of the Letters Patent. The Arbitration Petition is under Section 9 of the Arbitration and Conciliation Act 1996 ("Arbitration Act"). The Memorandum of Understanding ("MoU") in question was executed in Mumbai and the Arbitration Agreement specifically says that Mumbai is the seat of Arbitration. Leave is sought 'by way of abundant caution'. This is no ground.

23rd July 2018

6-LPETN218-18.DOC 2.

This Court has jurisdiction on a plain reading of the Agreement.

3.

The Leave Petition is dismissed.

(G. S. PATEL, J) 23rd July 2018