Pander Corporation Ltd. v. Shivraj Developers

ssp 921 carbp 867 of 2018 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION ARBITRATION PETITION (L) NO.867 OF 2018 Pander Corporation Ltd.

...

Petitioner versus Shivraj Developers ...

Respondent Mr. Cyrus Ardeshir with Mr. Anoshak Daver with Mr. Bhavin R. Bhatia, Mr. Abhishek S. Mishra, for Petitioner.

Mr. Vinod S. Pandey with Mr. Yogesh Bandal, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 30th AUGUST, 2018 P.C.:

1.

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

(i) Mr. Sharan Jagtiani, Advocate is appointed as the sole Arbitrator to decide the disputes between the parties arising out of the Deed of Assignment dated th February, 2015.

(ii)The disclosure of Mr. Sharan Jagtiani, 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.

(iii)The parties and/or their Advocates shall appear before the learned Arbitrator in his chambers, on 4 th September, 2018 at 5.00 p.m. and obtain necessary 1/2

ssp 921 carbp 867 of 2018 .doc directions.

(iv)The present Petition filed under Section 9 of the Act shall be treated as a Petition under Section 17 of the Act and decided by the learned Arbitrator at the earliest.

(v) The ad-interim orders dated 9 th August, 2018 and 13 th August, 2018 passed by this Court shall continue until the learned Arbitrator decide the Application/Petition under Section 17 of the Act and for a period of two weeks thereafter.

(vi)The learned Arbitrator shall endeavour to pass his final Award within a period of six months from the date of this order. (vii)The learned Arbitrator shall not grant adjournments to the parties unless absolutely necessary.

(viii) All contentions of the parties are kept open. (ix) The cost of arbitration shall initially be borne by the parties equally. (x) The venue of Arbitration shall be at Mumbai. (xi)In view of this order, the above Arbitration Petition is disposed of. ( S.J.KATHAWALLA, J. ) Swaroop Sharad Phadke by Swaroop Sharad Phadke Date: 2018.08.31 10:47:25 +0530 2/2