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Bombay High CourtARBAP/309/2015disposed off

Hindustan Construction Company Ltd v. Municipal Corporation Of Gr.Mumbai

2016-02-05Hon'Ble Shri Justice S.J. Kathawalla2 pages

Nitin 1 / 2 975-ARBAP-309-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 309 OF 2015 Hindustan Construction Company ...

Applicant

Versus

Municipal Corporation of Greater Mumbai ...

Respondent Mr. Sandesh Shukla a/w. Ms. Prerana Patil i/b. Santosh Sawant for the Applicant. Mr. Sandeep Patil for the Respondent.

CORAM : S.J. KATHAWALLA, J.

DATED : 5 TH FEBRUARY, 2016 P.C. :

1.

On 21 st 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. Atul Damle, Advocate. In view thereof, Mr. Atul Damle, Advocate, 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 Mr.

Atul Damle, Advocate.

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 29-01-2016."

2.

Pursuant to the above order, Mr. Atul Damle, Senior Advocate 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 :

i.

The disputes between the parties arising out of and in connection with

Nitin 2 / 2 975-ARBAP-309-2015 Contract No. ARFC-2 dated 17 th December, 2007 (Exhibit-Q to the Application) are referred to the sole Arbitration of Mr. Atul Damle, Senior Advocate. ii.

The parties shall appear before the learned Arbitrator in his chambers, on th February, 2016 at 5.30 p.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. )