Rajuram Sawaji Purohit v. The Shandar Interior Private Limited

26-comss-721-2018 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 79 OF 2018 IN COMMERCIAL SUMMARY SUIT NO.721 OF 2018 Rajaram Sawaji Purohit ... Plaintiff vs.

The Shandar Interior Pvt. Ltd.

... Defendant Mr. Anuj Desai a/w.Mr. Umesh Tewari and Ms.Hetal Vithlani i/b. M/s. S. Ashwinikumar & Co. for the Plaintiff.

Mr. Sachin H. Deokar a/w. Mr. Rishikesh Kale for the Defendant. CORAM : A.K. MENON, J.

rd OCTOBER, 2018 DATE : 3 P. C.

Counsel for the parties agree that the suit be referred to arbitration of a sole arbitrator. Accordingly I pass the following order by consent of parties; (i) The dispute between the parties is referred to Mr. D.J. Kakalia Advocate and Solicitor:

(ii) Statement of disclosures contemplated under Section 11(8) and Section 12(1) of the Arbitration and Conciliation Act shall be filed within a period of two weeks from today (iii) Since the affidavit in reply does not disclose any counter claim it is made clear that the plaint shall be treated as statement of claim.

26-comss-721-2018 (iv) It is submitted on behalf of the plaintiff that they will not be filing any rejoinder or further pleadings. Parties may however file a compilation of documents. This process shall be completed within a period of four weeks from the date that the arbitrator enters the reference. (v) The tribunal shall proceed to list the matter for issues based on existing pleadings.

(vi) The suit is disposed of in the aforesaid terms. In view of disposal of the suit, summons for judgment does not survive, summons for judgment is also disposed.

(vii) Refund as per rules.

(A.K. MENON, J.) by Rajeshwari Ramesh Pillai Date:

2018.10.05 11:18:06 +0530 Rajeshwari Ramesh Pillai