← Library
Bombay High CourtARBAP/208/2015disposed off

Sunita R. Patel And 2 ORS. v. Urja Developers And 3 ORS.

2016-02-12Hon'Ble Shri Justice S.J. Kathawalla2 pages

Nitin 1 / 2 941-ARBAP-208-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 208 OF 2015 Sunita R. Patel and Ors.

...

Applicants

Versus

M/s. Urja Developers and Ors.

...

Respondents Mr. Nitin Raut i/b. P. Vas and Company for the Applicant. Ms. Alisha Parekh i/b. L.S. Law for Respondent Nos. 1 to 3. Mr. Tahir Prande i/b. Juris Consillis for Respondent No. 4. CORAM : S.J. KATHAWALLA, J.

DATED : 12 th FEBRUARY, 2016 P.C. :

1.

On 27 th January, 2016 this Court passed the following order : "1.By consent of the parties, the disputes in the above Arbitration Application are proposed to be referred to Mr.Justice M.S. Rane (Former Judge of Bombay High Court). In view thereof, Mr.Justice M.S.Rane, shall submit disclosure under Section 11 (8) read with Section 12 (1) of Arbitration and Conciliation Act, 1996.

2. The Advocates for the parties shall forward a copy of this order to Justice Mr.M.S. Rane.

3. All concerned to act on an ordinary copy of this order, duly authenticated by the learned Associate of this Court.

4. Stand over to 2 nd February, 2016.

"

2.

Pursuant to the above order, Mr.Justice M.S. Rane (Former Judge of Bombay High Court) has filed disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996. The same is taken on record and the following order is passed by consent :

Nitin 2 / 2 941-ARBAP-208-2015 i.

The disputes arising out of the Development Agreement dated 27 th March, 2008 read with Agreement for Assignment of Development Rights dated 26 th July, 2010 between the parties are referred to the sole Arbitration of Mr.Justice M.S. Rane (Former Judge of Bombay High Court).

ii.

The parties shall appear before the learned Arbitrator in his chambers, on th February, 2016 at 10.30 a.m. and obtain necessary directions. iii.

The cost of arbitration shall initially be borne by the parties equally. iv.

All contentions of the parties are kept open. v.

The venue of Arbitration shall be at Mumbai.

3.

In view of this order, the above Arbitration Application is disposed of. ( S.J.KATHAWALLA, J. )