Dinesh Haribhai Dodia v. M/S Ami And M.D. Developers 3 ORS.

1/2 ARBP1837.15-49

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1837 OF 2015 Dinesh Haribhai Dodia )....Petitioner V/s.

M/s.Ami & M.D.Developers & Ors.

)....Respondents ---- Mr.Asutosh Shukla for petitioner.

Mr.Tushar Bhavsar a/w Mr.R.Bhatt i/by Manoj Bhatt for respondents. ---- CORAM : K.R.SHRIRAM,J DATE : 7.12.2017 P.C.:- By consent, the following order is passed :-

ORDER

(a) Mr. Kamal Khata, an advocate practicing in this court, having his office at Rustam Building, 3rd Floor, Veer Nariman Road, Fort, Mumbai-400 001, Mobile no.

9820088706, E-Emailkamal.khata@gmail.com, is appointed as sole arbitrator in place of Mr.Aditya Mehta who has expressed his inability to continue to act as an arbitrator ;

(b) Shri Kamal Khata shall continue with the arbitration proceeding including the application under Section 17 of the Arbitration and Conciliation Act, KJ

2/2 ARBP1837.15-49 1996 from the stage at which the earlier arbitrator withdrew ;

(c) The fees, administrative expenses, typing charges and venue charges shall be shared equally between the parties, i.e., 50% by petitioner and 50% by respondents including the cost already incurred and the same will be cost in the arbitral proceeding ; (d) Within 3 weeks of receiving a copy of this order either from the advocate for petitioner or for respondents, the learned Arbitrator shall file with the parties, disclosure in writing as required under Section 11(8) read with section 12(1) of Arbitration and Conciliation Act 1996;

The interim relief already granted shall continue until further orders by the Arbitrator.

Petition accordingly stands disposed.

(K.R.SHRIRAM,J) KJ